JUDGMENT :

I. Introduction :

When the successful decree-holder takes out eviction proceedings and wants to evict the tenant, the occupier obstructs. That obstruction results in adjudication, and that adjudication favours the owner. Aggrieved, the obstructor appeals, and that appeal favours the obstructor. Then, the owner challenges: Writ Petition No.5342 of 2018.

2. In fact, besides the obstruction petition, the trial Court also considers the owner’s application for mesne profits and allows it. The Appellate Court, however, holds that the question of mesne profits is interlinked with that of possession; it refuses to affirm the trial Court’s order. So, the landlord files the second writ petition: WP No. 5341 of 2018.

3. The owner maintains that the original tenant has breached the contract; therefore, the Obstructor, put in possession by the tenant, should take the consequences. He need not be heard independently. The Obstructor, conversely, asserts that his right is independent, and the eviction decree does not bind him; so he should be given an opportunity to vindicate his version. Whose plea should prevail? Let us see.

4. As both the Writ Petitions, to employ the appellate Court’s ex