9911796707
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Issues Involved:
1. Unauthorized and illegal possession by the Defendants. 2. Status of the Defendants as gratuitous licensees. 3. Legal right of possession by the Defendants. 4. Obstruction of possession by the owners. 5. Relief to be granted. Issue-wise Detailed Analysis: 1. Unauthorized and Illegal Possession by the Defendants: The Appellants contended that the Respondents were unauthorized encroachers and not tenants. The trial court found that the Respondents failed to prove tenancy and were in possession as gratuitous licensees. The first appellate court, however, reversed this finding, stating that the Appellants did not prove the Respondents were licensees, and dismissed the suit for possession. The Supreme Court noted that the first appellate court wrongly placed the burden of proof on the Appellants and failed to record a finding that the Respondents were tenants, leading to an erroneous conclusion. 2. Status of the Defendants as Gratuitous Licensees: The trial court held that the Respondents were gratuitous licensees, as evidenced by the testimonies of the Appellants and a neighbor. The first appellate court, however, dismissed this by misinterpreting the burden of proof and the evidence presented. The Supreme Court emphasized that the burden was on the Respondents to prove tenancy, which they failed to do, and the trial court's finding of gratuitous licensees was correct. 3. Legal Right of Possession by the Defendants: The Respondents claimed tenancy from 1982, which was not supported by any lease deed, tenancy agreement, or rent receipts. The trial court found no evidence of tenancy, while the first appellate court inferred from certain documents that the Appellants failed to prove the Respondents were licensees. The Supreme Court found these inferences unsound and upheld the trial court's finding that the Respondents were gratuitous licensees without any legal right to possession. 4. Obstruction of Possession by the Owners: The Respondents alleged that the Appellants obstructed their possession by disconnecting electricity and preventing repairs. The trial court found no evidence of such obstruction and held that the Respondents were in possession as licensees, not tenants. The first appellate court did not address this issue directly but inferred from the documents that the Appellants failed to prove licensee status. The Supreme Court found no merit in the obstruction claim and upheld the trial court's findings. 5. Relief to be Granted: The trial court decreed possession to the Appellants and directed an inquiry regarding damages and mesne profits. The first appellate court dismissed the suit for possession and decreed the suit for injunction by the Respondents, preventing dispossession without due process. The Supreme Court set aside the judgments of the first appellate court and the High Court, restoring the trial court's decree for possession, and directed the Respondents to deliver vacant possession of the suit portions within sixty days. Conclusion: The Supreme Court allowed the appeal, set aside the judgments of the High Court and the first appellate court, and restored the trial court's decree for possession, finding that the Respondents were gratuitous licensees and not tenants. The Appellants were entitled to possession of the suit portions, and the Respondents were directed to vacate within sixty days.
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