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Lim Kieh Tong, Inc. Vs. Court Of Appeals

LIM KIEH TONG, INC., petitioner, vs. THE COURT OF APPEALS, HON. JUDGE ROGELIO M. PIZARRO, Presiding Judge of Branch 16 of the Metropolitan Trial Court of Manila, and REGINALDO Y. LIM, respondents. Balgos & Perez for petitioner. Madamba, Lim & Tan for private respondent.

G.R. No. 93451 | 1991-03-18

D E C I S I O N


GANCAYCO, J.:

The issue of the whether a complaint filed in the Metropolitan Trial Court of Manila is one for forcible entry and detainer or one for specific performance is the center of this litigation.

The facts are not disputed as related by the respondent Court of Appeals in its questioned decision dated December 7, 1988

"The record reveals that on October 23, 1987, the appellee, Reginaldo Y. Lim, had filed a complaint before the Metropolitan Trial Court of Manila, in part, alleging, as follows:

'3. Plaintiff and his family had for some time resided in Room 301 of the building adverted to in the next preceding...