Supreme Court tells Judiciary : Take a pragmatic approach in real estate cases

Expressing very serious concerns over escalating real estate litigations in our  country, the Supreme Court (SC) has directed the judiciary to take a pragmatic approach & scrutinise carefully pleadings & documentary evidences in such cases to dissuade frivolous litigations.

Pragmatic Approach ..!

According  to bench comprising Justice Dalveer Bhandari, Justice HL Dattu & Justice Deepak Verma in its judgement on recently "Litigation pertaining to valuable real estate properties is dragged on by unscrupulous litigants in the hope that the other party will tire out and ultimately would settle with them by paying a huge amount. This happens because of the enormous delay in adjudication of cases in our courts. If pragmatic approach is adopted, then this problem can be minimised, to a large extent"

It also said, "False claims & defences are really serious problems with real estate litigation, predominantly because of everescalating prices of the real estate. It must be the endeavour of judicial officers and judges to ascertain the truth in every matter & no stone should be left unturned in achieving this object. Courts must give greater emphasis on the veracity of pleadings & documents''

India's apex court  further said, "In case, while granting/refusing injunction, the court properly considers pleadings & documents and takes the pragmatic view and grants appropriate profit, then the inherent interest to continue frivolous litigation by unscrupulous litigants would be reduced to a large extent"

Examine pleadings and documents on record..!

The SC bench said , ''The experience has shown that all kinds of pleadings are introduced & even false and fabricated documents are filed in civil cases because there is an inherent profit in continuation of possession. In a big number of cases, honest litigants suffer & dishonest litigants get undue benefit by grant or refusal of an injunction because the courts don't critically examine pleadings and documents on record".

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