Mahabir v Dulari [1998] FJHC 31; Hba0019j.96s (10 March 1998)

Fiji Islands - Mahabir v Dulari - Pacific Law Materials

IN THE HIGH COURT OF FIJI

AT SUVA

APPELLATE JURISDICTION

ass=MsoNormal alal align=center style="text-align: center; margin-top: 1; margin-bottom: 1"> CIVIL APPEAL NO. 19 of 1996

BETWEEN:

MAHABIR
man">f/n Bhanai
Appellant

AND:

RAM DULARI
f/n Shiu Sharma
Respondent

Mr. R. Chand for the Appellant
Mr. N. S. Arjun for the Resnt

JUDGMENT (Oral)

I have considered the arguments put forward by both counsel.

The Groof Appeal are devoid of any merits.

On the facts before him the learned Magistrate was justified in making the order for vacant psion against the Appellant.lant. This was a case where the Respondent is the registered lessee and the Appellant has no legal or even equitable right over the portion of land on which the house is built and which house he purchased from the Respondent many years ago. In fact the Appellant has no right to the land in question at all but in the house he has every right. As to what is to be done with the house it is a matter for the parties to come to some agreement. It came out on appeal that it was the Appellant who was occupying the house; he is now dead and his children now live in it and there have been some improvements to the house since the time it was purchased.

The appeal is dismissed with costs. I shall give my detailed reasons in due course.

D. Pathik
JUDGE

10 March 1998

Court:

Counsel have agreed to costs at $500.00 which I order.

D. Pathik

10 March 1998

Hba0019j.96s