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1971 Supreme(Ker) 103

V.R.KRISHNA IYER
V. Kamalaksha Pai – Appellant
Versus
Keshava Bhatta – Respondent


Advocates:
V. Rama Shenai and R. Raya Shenoi for Petitioner; V.R. Venkitakris shnan, for Respondent.

JUDGMENT:-

Concurrent findings notwithstanding, the learned counsel for the appellant has raised a point of law which, he cautioned, was not technical and insisted that the suit was liable to be dismissed. Learned counsel on both sides have argued at length and rulings galore have been cited which undoubtedly shed not only light but also demonstrated how simple factual situations may present themselves with puzzling visages wearing legal masks. Even here, I may state that the best that could be done to transmute a technicality into a substantial point has been done by appellant's counsel and I shall proceed to consider what 1 regard are the essential questions which seek resolution in this case. At the outset I may also state that I have always adopted the view - and do so here - that law is essentially an instrument of justice although it may occasionally be at logger heads with it and the endeavour of the court should be to grant relief where it is due unless compelled by legal obstacles.

2. The plaintiff brought the present suit praying for a decree for delivery of possession of the shop-building scheduled to the plaint together with arrears of rent, Rs.519.86, calculated at the r
















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