VASSANT RAUJI SAVAL DESSAI Vs. UPENDRA RAGHUNATH DESHPRABHU

JUDGEMENT

(1.) Admit. By consent heard forthwith.

(2.) Applicants in this petition are defendants in R. C. S. No. 156/2000/a. This revision is directed by them against Order dated 4-10-2006 of the learned civil Judge, Senior Division, Mapusa by which the learned trial Judge has refused to decree the suit in terms of Order 12, Rule 6, Civil Procedure Code, based on an alleged admission, contained in letter dated 6-1-1999 sent by the plaintiff to the Village Panchayat, prior to the filing of a suit. Respondent herein is the plaintiff.

(3.) The suit has been filed by the plaintiff on or about 13-1-1999 for a declaration, permanent and mandatory injunctions. The declaration sought is that the defendants which includes defendant No. 3 Shri Chandroji Rauji Saval dessai, are not the tenants of the suit property. It appears that on 6-1-1999 the plaintiff sent two letters complaining of illegal construction, one to the Gram panchayat and the other to the Block Development Officer. In the first letter, there are sentences which read : "by name known as Shri Chandroji Rauji Saval dessai who is the tenant in the said property. But without concerning me and my n. O. C. whereas I am the owner of the said property". In the second letter, there is another sentence which reads "by name known as Shri Chandroji Rauji Sawal desai whose name is entered in I and XIV Form in tenants column". The plaintiff had filed an application for dismissing the suit on the basis of the said statements in the first letter dated 6-1-1999, and, the learned trial Court observed that the admission made by the parties had to be clear and unambiguous. The learned trial court further observed that the said two letters were required to be proved by the plaintiff. The learned trial Court ultimately came to the conclusion that the suit could not be dismissed outright at this stage and trial was required to be held.