The suit by tenants challenging a clearance order issued by the Municipal Corporation was not maintainable, as alternative remedies under the Act were available. (!) [1000122740005][1000122740023]

Tenants instituted the suit in a representative capacity against the Corporation and landlords regarding dilapidated buildings intended for demolition under an agreement. (!) [1000122740001]

Buildings were in dilapidated condition, with multiple notices and prosecutions ignored by owners and landlords, allegedly to facilitate demolition. [1000122740002]

Clearance area declared and order made under S.354R, challenged as ultra vires Art.19(1)(f) and mala fide, without particulars of mala fides. [1000122740003]

Trial court dismissed suit as not tenable; High Court allowed amendment and remitted for additional evidence on mala fides and fraud. [1000122740005]

Amendment adding para 8A introducing fraud by landlords had no basis in original plaint, where "mala fide" referred to unconstitutionality and lack of hearing, not fraud. (!) (!) (!) (!) [1000122740006][1000122740007]

Court cannot permit amendment to introduce entirely new case of fraud without basis in original pleadings; mere use of "mala fide" insufficient. [1000122740007]

High Court erred in remitting case for fresh trial or additional evidence under O.41 R.27 CPC, as no lacuna in evidence; documents did not prima facie prove fraud. (!) (!) (!) (!) [1000122740008]

Appellate court power under O.41 R.27 CPC limited to filling lacuna for pronouncing judgment, not for new evidence to support specific contention or retrial. [1000122740008]

Court cannot compel a party to examine particular witnesses, even if motivated by justice; must act within legal limits. [1000122740014]

Documents like letters from City Engineer and Commissioner did not evidence fraud or mala fides; reaffirmed landlords' offers for alternative accommodation. [1000122740009][1000122740010][1000122740011][1000122740012]

Architect reports on repair costs and non-compliance with notices do not indicate collusion between landlords and Corporation. [1000122740013]

Ss.354R and 354RA valid under Art.19(5); impose reasonable restrictions on tenants' property rights in public interest for unfit buildings. [1000122740015][1000122740017][1000122740022]

Commissioner may declare clearance area if buildings unfit for habitation and remedied by demolition without improvement scheme. [1000122740018]

Corporation must minimize hardship to dishoused persons; clearance by demolition or acquisition. [1000122740018] (!) (!) (!)

Before confirmation, notice published and served on tax liable persons/mortgagees; objections considered; tenants entitled to object via publication. (!) (!) (!) [1000122740019][1000122740020]

"Any person aggrieved" by confirmed clearance order may appeal to City Civil Court Judge within 6 weeks; includes tenants/occupants affected. (!) [1000122740020][1000122740021]

Tenants' interest in premises is "property" under Art.19(1)(f), subject to reasonable public interest restrictions. [1000122740016][1000122740017]

Suit barred post-confirmation and appeal remedy exhaustion; no independent suit lies. [1000122740023]