IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION

CIVIL ACTION NO. 61 OF 2001

IN THE MATTER of Section 169 of the Land Transfer Act 1971

Between:

ANIL JATINDER SINGH
SUROME PREMINDER SINGH
KIRAN SARITA SINGH
Plaintiffs

And

JAGDISH SHARMA
Defendant

Mr. G. O’Driscoll for the Plaintiffs
Mr. T. Fa for the defendant

JUDGMENT

This is an application under s169 of the Land Transfer Act Cap 131 (the Act) for an Order that the defendant Jagdish Sharma show cause why he should not give up immediate vacant possession of part of the land comprised in Certificate of Title No. 31888 being Lot 1 in DP 5818 containing one hectare four thousand and seventy six square metres.

This application is identical to the one made in Civil Action No. HBC 59/2001 between the plaintiffs and Sulemaan Mohammed. Identical affidavits and written submissions have been filed in both the cases and the issue is the same except that the defendants are different.

I do not propose to repeat here what I have said in my judgment in CA 59/2001 delivered this day suffice it to say that the judgment in this case is the same as in the other case for the reasons stated therein.

Therefore, it is ordered that the defendant give vacant possession within one month from the date of this judgment to the plaintiffs of the portion of the land occupied by him being part of land comprised and described in C.T. 31888 being Lot 1 on DP 5818. The defendant will pay the plaintiffs’ costs in the sum of $200.00 (two hundred dollars).

D. Pathik
Judge

At Suva
13 July 2001