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2019 DIGILAW 1651 (PNJ)

Karma Ram (correct name Karam Chand) v. Labh Singh

2019-05-20

AMIT RAWAL

body2019
JUDGMENT Mr. Amit Rawal, J. (Oral):- C.M.No.9733-C of 2016 For the reasons stated in the application which is duly supported by an affidavit, delay of 430 days in re-filing the appeal is condoned. C.M. stands allowed. RSA No.3714 of 2016 (O&M) 2. Short point involved in the present regular second appeal is whether the appellant-defendant being landlord can forcibly take the possession from the respondent-plaintiff who has not been successful in seeking restraint against forcible interference and dispossession, the answer is ‘No’. 3. Since the relationship between the parties was admitted and the injunction granted is so innocuous, the appellant-defendant is at liberty to seek the eviction in accordance with law, if any of the grounds substantiated. 4. Resultantly, the regular second appeal is dismissed.