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2013 Supreme(UK) 676

V.K.BIST
Jasbir Singh – Appellant
Versus
Jiyorjina Chiu – Respondent


Advocates:
Advocate Appeared:
Mr. Neeraj Garg, Advocate for the revisionist
Mr. A.Rab, Senior Advocate assisted by Mr. Amish Tewari, Advocate holding brief of Mr. Gopal K. Verma, Advocate for the respondents

JUDGMENT :

V.K. Bist, J.

This is a case where a landlord even after winning from the Hon’ble Supreme Court could not get possession of the premises in question and now has been dragged to the Court by another person. The Hon’ble Supreme Court in the matter of Maria Margarida Sequeria Fernandes and Others Vs. Erasmo Jack de Sequeria (dead) through LRs, [2012 (2) ARC 325], observed in the following manner:

“Litigation pertaining to valuable real estate properties is dragged on by unscrupulous litigants in the hope that the other party will tire out and ultimately would settle with them by paying a huge amount. This happens because of the enormous delay in adjudication of cases in our Courts. If a pragmatic approach is adopted, then this problem can be minimized to a large extent.”


Above observation fully apply in the present case. The landlords were harassed at every stage. Service could be made only by way of publication. When tenant lost from the Hon’ble Apex Court also, the present revisionist started litigation by filing objection under Order 21 Rule 97 of C.P.C.

2. Facts giving rise to the present revision are that a Small Cause Suit was instituted by one Km. Patricia Francis aga

































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