Back
MOHAMMAD YAQOOB MIR
Babulal Sharma – Appellant
Versus
Sant Kumar Bajoria – Respondent
JUDGMENT :
1. The respondents, owners of the suit property filed a suit for eviction bearing Title Suit No. 2 (H)/1983 against the defendants (petitioner herein) before the court of Assistant District Judge, Shillong on two grounds, (i) for bonafide personal requirement and (ii) default in payment of rent. The suit was dismissed vide judgment dated 23.12.1988. Appeal preferred was allowed.
2. Aggrieved whereof, the respondents filed CRP No. 8 (SH)/1991 which was allowed and case was remanded back to the learned District Judge (Appellate Court) for fresh decision.
3. The Appellate Court decided the appeal afresh on 24.09.2008 and finding was recorded that the petitioners (defendants) were defaulters. Against said judgment, petitioners herein filed CRP No. 48 of 2013, which has been disposed of vide judgment dated 06.11.2015.
4. In para 20 of the said judgment it has been recorded, that the findings of the learned trial court as well as first Appellate Court for not accepting the ejectment on the ground of bonafide requirement has attained finality.
5. In para 21 of the judgment it has been recorded that the defendants have been in occupation of the suit premises for the last several deca
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
