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Issues Involved:
1. Whether a Civil Court can pass a decree on the ground that the defendant is a trespasser in a simple suit for eviction. 2. Whether the relationship of landlord and tenant or licensor and licensee was proven. 3. Whether the High Court committed a jurisdictional error by not formulating substantial questions of law. 4. Whether the defendant acquired title by adverse possession. 5. Whether the suit was maintainable and the appropriate court fees were paid. Summary: Issue 1: Whether a Civil Court can pass a decree on the ground that the defendant is a trespasser in a simple suit for eviction. The Supreme Court held that a landlord, even if unable to prove the relationship of landlord and tenant, can obtain a decree for possession based on general title. However, the defendant is entitled to raise a contention of acquiring an indefeasible title by adverse possession. The Court emphasized that an issue as to whether the defendant was a trespasser should have been framed, allowing the defendant to present evidence of adverse possession. Issue 2: Whether the relationship of landlord and tenant or licensor and licensee was proven. The trial court found that the plaintiffs failed to prove the landlord-tenant relationship with the defendant. The appellate court, however, ruled that the plaintiffs were entitled to a decree for possession based on their general title, despite the lack of proof of tenancy or licensure. The High Court upheld this view, stating that the defendant, not claiming to be a tenant or licensee, could be considered a trespasser. Issue 3: Whether the High Court committed a jurisdictional error by not formulating substantial questions of law. The Supreme Court noted that the High Court should have formulated substantial questions of law while determining the issues involved in the Second Appeal. The absence of such formulation constituted a jurisdictional error, warranting the setting aside of the High Court's judgment. Issue 4: Whether the defendant acquired title by adverse possession. The Supreme Court observed that the defendant's plea of adverse possession was not adequately addressed due to the lack of a specific issue being framed. The Court highlighted that the defendant had been in possession of the suit premises for over twelve years prior to the suit, making the plea of adverse possession plausible. Issue 5: Whether the suit was maintainable and the appropriate court fees were paid. The Court noted ambiguities regarding the amount and basis of the court fees paid. It emphasized that for obtaining a decree for recovery of possession, court fees must be paid according to the value of the subject matter of the suit, as per Section 7(v) of the Court Fees Act, 1870. Directions Issued: The Supreme Court, exercising its jurisdiction under Article 142 of the Constitution of India, issued directions to amend the plaint, pay requisite court fees, allow the defendant to file an additional written statement, and frame appropriate issues for further evidence. The trial judge was directed to dispose of the suit expeditiously within three months from the date of filing the application by the plaintiffs. Conclusion: The appeals were allowed with specific directions to ensure complete justice to the parties, emphasizing the need for proper framing of issues and adherence to procedural requirements.
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