LAWS(MPH)-1997-4-13

BADAMILAL DUBEY Vs. CHANDRAPRAKASH KHAIRATILAL KHANNA

Decided On April 17, 1997
BADAMILAL DUBEY Appellant
V/S
CHANDRAPRAKASH KHAIRATILAL KHANNA Respondents

JUDGEMENT

(1.) Legal justice should not be allowed to become a teasing illusion or promise of unreality. When litigation goes on and on, it is time that litigants learnt three percepts, inscribed on the Wall of the Harvard Law School library, taken from Justinian's Institutes, of law -

(2.) This is one more lis between tenant and landlord which has attained the age of 14 years. Period of this enormity is prone to cause frustration in the minds of both the sides. Afterall, how long legal battle should continue ?

(3.) Unsuccess in the first appellate Court has led the tenant to take recourse to this second appeal under Section 100 of the Code of Civil Procedure. This appeal is directed against the judgment and decree dated l8th March, 1994 passed by First Additional District Judge, Ujjain, in Civil Regular Appeal No. 10-A/87, thereby dislodging the judgment and decree dated 24-12-1986 passed by Second Civil Judge, Class-II, Ujjain, in C. O. S. No. 145-A/84 and decreeing the suit for eviction under Section 12 (1)(c) of the M. P. Accommodation Control Act, 1961 (for short 'the Act').