| Fiji Islands - Mahabir v Dulari - Pacific Law Materials |
IN THE HIGH COURT OF FIJI
AT SUVA
APPELLATE JURISDICTION
CIVIL APPEAL NO. 19 of 1996
BETWEEN:
MAHABIR
f/n Bhanai
Appellant
AND:
RAM DULARI
f/n Shiu Sharma
Respondent
Mr. R. Chand for the Appellant
Mr. N. S. Arjun for the Respondent
JUDGMENT (Oral)
I have considered the arguments put forward by both counsel.
The Grounds of Appeal are devoid of any merits.
On the facts before him the learned Magistrate was justified in making the order for vacant possession against the Appellant. 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
JUDGE
10 March 1998
Hba0019j.96s
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