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1986 Supreme(MP) 240

T.N.SINGH
RAMJIDAS – Appellant
Versus
LAXMI KUMAR – Respondent


Advocates Appeared:
N.K.MODI, R.D.Jain

T. N. SINGH, J.

( 1 ) BECAUSE comprehension of the legal issues involved in this matter differed diametrically, counsel extracted, unfortunately, an extended hearing, citing unnecessarily a huge mass of case-law. This happened despite my warning, rendered to discharge my constitutional duty, that directionless arguments with misplaced emphasis served no cause of justice.

( 2 ) EVEN at this stage, I must, as well, state that endless arguments were advanced on the scope, ambit and applicability of S. 52 of the Transfer of Property Act, for short, the T. P. Act, while, according to me, the controversy in issue merited resolution with reference merely to the provisions of R. 36 of O. 21 of the Civil P. C. , which I extract :"36. Decree for delivery of immovable property when in occupancy of tenant.- Where a decree is for the delivery of any immovable property in the occupancy of a tenant or other person entitled to occupy the same and not bound by the decree to relinquish such occupancy, the Court shall order delivery to be made by affixing a copy of the warrant in some conspicuous place on the property, and proclaiming to the occupant by beat of drum or other customary mode, at some co

















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