Contradictory defence of tenancy and adverse possession in a suit for possession

Pleading and Proof:

Plea of being tenant raised for the first time in second appeal:

First, the respondent (defendant) had not raised such plea in his written statement. In other words, the respondent did not set up such defense in the written statement.

Second, the Trial Court, therefore, had no occasion to frame any issue on such plea for want of any factual foundation in the written statement.

Third, the Trial Court and First Appellate Court, in these circumstances, had no occasion to record any finding on this plea either way.

Fourth, in the light of these three reasonings, the High Court ought to have seen that such plea really did not arise for consideration because in order that any question is involved in the case, the party concerned should lay its factual foundation in the pleading and invite finding on such plea. Continue reading “Contradictory defence of tenancy and adverse possession in a suit for possession”