Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Suit for eviction on the basis of tenancy

Monday, October 12, 2009
Suit for eviction on the basis of tenancy

Suit for eviction on the basis of tenancy — Constitution of India — Article 142 — Appellant defendant is said to have entered into possession of the suit property in the year 1970 — Originally, he claimed to have been entered into possession of the suit premises pursuant to or in furtherance of an agreement for sale entered into on or about 18th March, 1970 by and between him and S. K. Abdul Wahid Molla, the father of the Safiqur Rahaman — The respondent/plaintiff purchased the suit property from Safiqur Rahaman on 21st July 1980 by three registered deeds of sale — Suit for eviction and for mesne profit claiming to be the landlord thereof — Notice under section 106 of TP Act also served — Appellant defendant denied the tenancy — The suit of the respondent plaintiff dismissed by the trial  court on the ground that he has failed to prove the  tenancy though he succeeded in proving the ownership over the premises — Appeal against — Filed by the respondent/plaintiff was allowed and the plaintiff respondents were held entitled to a decree for possession on the basis of general title, rejecting appellant’s contention that he has acquired title by way of adverse possession — Second appeal and Review petition before High Court by the appellant defendant was also dismissed — Both order of the High Court is impugned in this appeal — Held — However, we are of the opinion that keeping in view the peculiar facts and circumstances of this case and as the plaintiffs have filed the suit as far back in the  year 1990, the interests of justice should be subserved if we in exercise of our  jurisdiction under Article 142 of the Constitution of India issue the following directions with a view to do complete justice to the parties: 

 (i) The plaintiffs may file an application for grant of leave to amend his plaint so as to enable him to pray for a decree for eviction of  the defendant on the ground that he is a trespasser.

 (ii) For the aforementioned purpose, he shall pay the requisite court fee in terms of the provisions of the Court Fees Act.

 (iii) Such an application for grant of leave to amend the plaint as also requisite amount of court fees should be tendered within four weeks from date.

(iv) The defendant–appellant would, in such an event, be entitled to file his additional written statement.

(v) The learned trial judge shall frame an appropriate issue and the parties would be entitled to adduce any other or further evidence on such issue.

(vi) All the evidences brought on record by the parties shall, however, be considered by the court for the purposes of disposal of the suit.

 (vii) The learned trial judge is directed to dispose of the suit as expeditiously as possible and referably within 3 months from the date of filing of the application by the plaintiffs in terms of the aforementioned direction(i).

 
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