Section 80 CPC notice is unnecessary absent a challenge to an official act.

The plaintiff sued for declaration of title to a building measuring approximately 15 ft. × 50 ft., vacant possession, and mesne profits. He claimed to have purchased the property under a registered sale deed dated 25 October 1989 and later leased it to Defendant No. 1.

Defendant No. 1 disputed the plaintiff’s claim beyond a 15 ft. × 20 ft. portion and asserted that the remaining extended portion belonged to him; he also challenged the suit for non-compliance with Section 80 CPC because the municipal commissioner was impleaded.

The trial court decreed the suit in part, finding the plaintiff’s title established only over Shop No. I/21, measuring 15 ft. × 20 ft., and ordered possession and mesne profits. The first appellate court dismissed Defendant No. 1’s appeal.

Defendant No. 1 then filed this second appeal.

Section 100 CPC confines a regular second appeal to cases involving a substantial question of law.

Section 80 CPC requires notice in a suit concerning an act purportedly done by a public officer in the discharge of official duties.

The Court also proceeded on the basis that a plaintiff who establishes title and a landlord–tenant relationship may obtain possession upon termination of the tenancy; no precedent or additional statutory provision was cited in the judgment.

The defendant admitted the plaintiff’s ownership of the 15 ft. × 20 ft. portion and did not dispute that he occupied it as the plaintiff’s tenant. The courts below therefore committed no error in ordering possession after termination of the tenancy; the plaintiff’s failure to prove title to the larger claimed area did not invalidate the relief granted for the smaller area, which the plaintiff accepted.

Section 80 notice was unnecessary because the Commissioner was only a formal party and the suit challenged no act performed by the Commissioner in an official capacity; the dispute arose from the lease and its termination.

The Court found no error giving rise to a substantial question of law.

The decree for declaration of title to Shop No. I/21 measuring 15 ft. × 20 ft., delivery of vacant possession, and mesne profits remained undisturbed; pending applications were disposed of as not surviving.