Abdul Cader v. Nagaratnam – sllr 1985 volume 2 page 001

In the case between Abdul Cader (landlord/appellant) and Nagaratnam (tenant/respondent), the court addressed the issue of whether a tenant in possession—who previously acted as an agent—could be lawfully ejected under a consent decree obtained against another party, and whether such tenant’s possession was bona fide in his own right. The court held that the tenant Nagaratnam was in bona fide possession based on a valid tenancy from a co-owner and could not be properly evicted under a consent decree involving Mrs. Sinniahpillai. The principle reaffirmed was that proceedings under section 328 of the Civil Procedure Code protect bona fide possessors from summary eviction where their independent rights are established. Reliance was placed on established authorities interpreting the scope of se