Home | Databases | WorldLII | Search | Feedback High Court of Fiji

Singh v Sukul [2005] FJHC 742; HBC0068J.2005S (23 May 2005)

IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION

CIVIL ACTION NO. HBC 0068J OF 2005S

BETWEEN:

HARINIVAS SINGH
(f/n Udaivir Singh)
of 17 Princess Rd., Tamavua, Suva, Businessman.
PLAINTIFF

AND:

KRISHNA DUTT SUKUL
(f/n not known to the Plaintiff)
of Lot 2 Makutu St. Samabula, Suva,Businessman.
DEFENDANT

Counsel for the Plaintiff: S. Parshotam: PARSHOTAM & CO.
Counsel for the Defendant: R.P. Singh: KOHLI & SINGH

Date of Judgment: 23 May, 2005
Time of Judgment: 10.30 a.m.

JUDGMENT

This is a S.169 Land Transfer Act application.

The facts are very simple. The plaintiff purchased the property in July 2004 known as C.L. 10452 at Samabula, Suva and described as Lot 2 in Plan No. SO.441. The defendant was a sitting tenant at the time of purchase. The plaintiff through his solicitors gave notice by a letter dated 28 September 2004 to the defendant to vacate his property by 31 October, 2004. An undertaking to vacate by 31 December 2004 was made in writing by the defendant with an assurance that the rental of $600 per month will continue to be paid to the landlord. There was also a concession made by the defendant that if by 31 December he has not vacated the property, than the plaintiff can take out eviction notice.

The defendant today has not vacated the property. Neither has he kept his promise to pay the outstanding rents for the months of January, February, March and April 2005 which this Court ordered when the matter came before me on 5 May, 2005.

The defendant clearly cannot show any cause why he should remain on the property.

Order is made for immediate possession.

There is further Order for the defendant to pay to the plaintiff all the outstanding rentals for the months of January, February, March and April 2005 within 14 days.

Costs of $150 to the plaintiff.

F. Jitoko
JUDGE

At Suva
23 May 2005