ECC 3081/2001

The original dispute involved a request to cancel tenancy agreements because rent had not been paid. The request was changed to an eviction order. The key point was that the law permits the disputed parties to amend their requests if the situation changes.

Background

A claimant filed a case against two defendants and requested the court to dismiss two tenancy agreements dated 01/10/1969 and 09/10/1975 because they had refused to pay the rent and had violated the tenancy agreement.

The defendants requested the court to reject the case and stated they had seized the disputed land.

The claimant and other two claimants requested the court to order the defendants to vacate the disputed land and said that they had illegally seized it.

The court ruled that the defendants should vacate the disputed land.

The defendants appealed the ruling before the court of appeal. The court abandoned the appealed ruling and rejected the new request made by the claimant.

Decision