In a landlord-tenant second appeal, the court dismissed the appeal at the admission stage due to lack of evidence and suspected collusive litigation by parties enjoying the property without paying rent.
Second Appeal dismissed at the stage of admission with costs.
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THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO SECOND APPEAL NO.583 OF 2012
JUDGMENT:-
No representation for the appellant. On the previous occasion, the appellant is directed to pay the arrears of rent which are admittedly due. The appellant claims to be in possession of the property belonging to the plaintiff. The appellant himself came on record claiming to be a person in possession of the property. No evidence was let in before the court below. Though a plea was sought to be made that an opportunity was not given, as rightly submitted by the counsel for the plaintiff, it seems to be a collusive litigation between the defendants 1 and 2 and enjoying the property of the Landlord without paying the rents even. There are absolutely no merits in the Appeal and there is no substantial question of law to be entertained in this Second Appeal.
Accordingly, the Second Appeal is dismissed at the stage of admission with costs.
___________________ N.R.L. NĀGESWARA RĀO,J
27-07-2012 TSNR
1 issue framed by the court
Whether an appeal admitting land dispute merits being entertained in absence of evidence and presence of collusive litigation.
1 provisions across 1 enactments
Appellant
Plaintiff
N.R.L. Nāgeswarāo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
