Court fines plaintiffs for abuse of law in property ownership suits
One suit was filed by two brothers, Pratap Davda and Naresh Davda, while the other was filed by M C Thomas. Both had named Lalabhai Bharwad as a defendant in their respective suits.
The plaintiffs claimed that they had purchased the properties in 1995 and had been in undisturbed possession ever since. Bharwad also stated that the plaintiffs — the Davdas and Thomas — had purchased the properties from him through notarised documents.
All parties acknowledged that the plaintiffs had been occupying the properties for over 30 years.
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However, Auxiliary Chamber Judge P N Navin dismissed both suits and imposed a fine of Rs 25,000 on each plaintiff, stating: "The plaintiffs have abused the process of law in collusion with the present defendant. Costs of Rs 25,000 are imposed upon the plaintiffs."
In dismissing the suits, the court cited "the strange behaviour" of the parties, noting that they relied on insignificant documents to establish ownership and failed to present any valid title deeds.
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"The present suit appears to have been filed by the plaintiffs merely to obtain a favourable order to regularise their possession under the guise of adverse possession," the court observed. "The plaintiffs have shown the present defendant in the cause title only to create an illusion for this court. The plaintiffs have clearly abused the process of law."
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