BOMBAY HIGH COURT
, J
Talwar C. K. v. M/s. Rallis India Ltd.
| Table of Content |
|---|
| 1. litigation delaying justice through unjustified occupation. (Para 1 , 2) |
| 2. determination of jurisdiction related to tenant and trespasser classifications. (Para 4 , 6) |
| 3. rights based on initial contractual agreements and subsequent actions. (Para 7 , 8 , 9) |
| 4. application of legal remedies and interpretation of eviction lawsuits. (Para 10 , 12 , 14) |
| 5. final determination affirms previous court's ruling and expedites the process. (Para 17 , 19) |
1. Will this Court turn a Nelson's eye to a class of litigation that is unnecessarily throttling the functioning of the justice dispensation system which itself is groaning under unbearable arrears and virtually gasping for breath ? For too long has it been the order of the day in and around the city of Bombay, particularly for persons in unjustified occupation of premises, to litigate virtually for decades together and use this time period as an umbrella for continuation of such illegal activities. Pendency of a litigation based on such claims invariably couched in a vanear of profoundness, are used as the justification for such wrongful retention of the premises, thereby defeating the possessory rights of the owner. In the
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