ONG TSHERING BHUTIA Vs. NARESH SUBBA

JUDGEMENT

(1.) This common judgment is passed in Writ Petition (C) No.04 of 2019, Writ Petition (C) No. 05 of 2019 and Writ Petition (C) No. 06 of 2019 assailing impugned orders dated 20.03.2019 in three Eviction Suits No. 08 of 2015, 09 of 2015 and 10 of 2015 (collectively referred to as 'the suits') pending adjudication before the learned District Judge. The suits have been filed by the respondent nos.1 and 2 against the petitioners for their eviction. The respondent no.3 was substituted for the original defendant no.2 after his death. It is the case of the respondent nos. 1 and 2 that they have purchased the suit properties from the original defendant no.2 who was the owner. They assert that the original defendant no.2 had built the structures on the land which was leased by the then Government to his father-late Martam Topden and the petitioners have been tenants in the suit properties.

(2.) Paragraph 5 of the plaints is identical. It is central to the issue raised by the petitioners and therefore, is extracted herein below:

(3.) The petitioners have filed their written statements in the suits. Paragraphs 14 of the written statements which are also identical is reproduced below: