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1969 Supreme(Ker) 110

V.R.KRISHNA IYER
Kadir Mohammed – Appellant
Versus
Augusthy Varghese – Respondent


Judgment :-

1. Precedents can make law a wilderness where courts, counsel and clients grope to find their path as this case has proved.

2. The suit out of which this revision has stemmed, was one for partition and recovery of possession of two items of property. We are concerned here only with item 1 and defendant No. 2. The plea of this defendant, who is not a sharer, is that he is a tenant of item No.1 and the plaintiffs case, on the other hand, is that he is just a caretaker of this property. The controversy therefore is as to whether the 2nd defendant is only an agent or a tenant. A petition had been filed by the 2nd defendant, as early as 1962, for fixation of fair real which was re-numbered as O. A. 3586 of 1964. The long lapse of 5 years has left this rather summary proceeding before a quasi-judicial authority still lingering in the trial stage. By way of aside, is it not true that such interminable delay breeds cynicism about justice, brings courts into disrepute and corrodes the very foundations of constitutional government? It may be good to recall the warning of Pope Paul, in opening the judicial year of the Sacred Roman Rota, that "culpable delay' in the tribunal's dispe




































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