Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss. 9, 42 & 55---Suit for declaration, mesne profit, possession and mandatory injunction---Plaintiffs contended that step brother of defendant was in possession of suit property as their tenant till his death who also carried out business of book binding at the property, and appellant, after his death, in connivance with her sons, entered into the property by breaking into it to claim tenancy rights; that she had neither resided in the property nor had she engaged in said business with her brother and she, in order to cover up her trespassing, had filed Miscellaneous Rent Case against respondents---Defendant contested the suit claiming that she, being sister of her deceased brother/tenant, became tenant of the plaintiffs as per law of inheritance and plea of trespassing was false---Failure to prove tenancy/absence of rebuttal---Plaintiffs substantiated their claim by producing evidence, but appellant's right to produce evidence was closed after affording many opportunities to her to adduce evidence---Trial court decreed the suit and lower appellate court affirmed the same---Validity---Nothing was available to show that decision given by courts below was contrary to law or any usage having the force of law or the same was result of failure to determine issue of law or issue of usage---Defendant remained indolent in not adducing her evidence and failed to prove her claim---Defendant during cross-examining the plaintiff's witnesses failed to shatter their credibility---Absence of rebuttal by defendant was sufficient proof for plaintiff's claim---Possession of Defendant in the suit property was that of a trespasser as the same was without consent of landlord and she had failed to prove tenancy---Defendant could be ejected from suit property at any time---No case was made out on ground of any substantial error, procedural defect, any misreading and non-reading of evidence or any misconceiving of fact or commission of any jurisdictional error---Impugned s of courts below did not call for any interference or exercise of discretion on any point of law in case of concurrent findings---High Court dismissed second appeal.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492