If the plaintiff succeeded on the principal case set up by him whether or not the alternative plea was contradictory or inconsistent or even destructive of the original plea paled into insignificance. 2015 S.C.(2014) MSKLAWREPORTS





Alternative pleas/contradictory pleas holds no significance when suit was decreed on main relief - suit filed for recovery of possession from the Licensees as they acted against the interest of owner after terminating the License - the defendants claimed as tenants - Suit filed with alternative relief under Bombay Rent Act as the defendants claimed as tenants - Lower court dismissed the suit as the defendants are tenants - Appeal allowed as the defendants are Licensees not tenant and High court set aside the Appeal decree and restored the dismissal order of Lower court on the ground that the plaintiff has taken alternative/ contradictory pleas - Apex court set aside the order of High court and held that the appellate Court had granted relief to the appellant not in relation to the alternative plea raised by him but on the principal case set up by the plaintiff. If the plaintiff succeeded on the principal case set up by him whether or not the alternative plea was contradictory or inconsistent or even destructive of the original plea paled into insignificance - 2015 S.C.(2014) MSKLAWREPORTS

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