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The High Court set aside an eviction order made in an interlocutory land application, holding that the tribunal exceeded the scope of the application and affected rights without a hearing.
The District Land and Housing Tribunal erred by failing to consider and determine the rights of the applicants, who were not parties to the original suit, before granting possession of the suit land to the decree holder. The tribunal should have investigated the applicants' claims to the land during the execution proceedings.
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The eviction order of 31st July, 2008 was interlocutory and revision would not ordinarily lie; however, due to irregularities and impropriety in the issuance of the eviction order without completion of pleadings or trial, the Court exercised its revisional jurisdiction suo motu to quash and set aside the eviction order and subsequent proceedings.
Source excerpt
The eviction order of 31st July, 2008 was interlocutory and not final, thus revision could not be entertained on application; however, the order was issued without completion of pleadings or trial, amounting to procedural impropriety and illegality, justifying the Court's suo motu intervention to quash the order and subsequent proceedings.
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