Housing Authority v Kuver [1977] FJSC 178; Civil Action 35 of 1977 (7 April 1977)

IN THE SUPREME COURT OF FIJI
(WESTERN DIVISION)
AT LAUTOKA
CIVIL JURISDICTION

Action No. 35 of 1977

BETWEEN:

THE HOUSING AUTHORITY
Appellant

AND:

RAM KUVER
s/o Badri
Respondent

Mr. C. Gordon for the Applicant
Mr. M. Tappoo for the Respondent

JUDGMENT

This application is much the same as that of Samson Muniappa with which I have already dealt. I do not know why, when the Housing Authority issued a notice to quit to Ram Kuber, they should sue Ram Kuver. Their affidavit in support should, of course, connect the two. But it does not. However, the respondent admits being served with the notice to quit. This respondent shows that he went into possession of the land in 1969 and in 1972 built a house for himself. He alleges consent by the applicant, but Mr. Tappoo who appears for him, merely says that he used to be a tenant and has received notice to quit. I may say that if he is really serious in this matter of consent, one would have expected him to go quite a way further in his affidavit. I do not think that laches or delay can give the respondent any rights. I do not think that the respondent has proved a right to the possession of the land and since the Housing Authority have proved what is necessary under the Land Transfer Act, I think that an order must go. There will accordingly be an order for immediate possession.

(SGD.) K.A. STUART
JUDGE

LAUTOKA,
7th April, 1977.