Upgrad LLM

civil procedure, property duispute

A case has been filed against my friend in a Taluka court by a Public Trust about a property dispute showing him as a tenant for the convenience of the Trust then, which was actually to be handed over to him 20 years back as per verbal commitments but for dishonesty of the trustees. Almost all original trustees are extinct. The case has been initiated 2 years back. Issues have been framed more than 7 months ago. The trustees are dragging their feet and have always sought adjournments on the pretext that they want to submit an affidavit (without disclosing by whom) with no submission of any document or listing of witnesses or filing of affidavits etc. [In the mean while the tenant collected damaging evidence about the constitution of the trust itself being not registered with the authorities, trustees not being elected but just surreptiously pushed to the charity commissioner, some not being even in PTR and the property itself not being in the name of the Trust (-and for several years afterwards - when tenanted by him against official signed agreements) as per official records of various authorities. There is also considerable damaging material about general running of the trust and its activities. The case was surreptiously filed for a quick convenient ex-parte decree but for some quick thinking friend of the tenant who telephoned him to come immediately from his other residence in other city. It is suspected that the plaintiffs have no case and hence dragging their feet to prolong the case and frustrate the tenant hoping he would leave]. Can anybody suggest an action for a plea to dismiss the case for failure to submit plaintiffs evidence on time on any matter. Are there any citations? And can this case can now be turned on its head for criminal action by the tenant? Regards Mrinraj



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