Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908 - s.100 Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 - s.100 - Second appeal -Appellant purchased a shop - He filed suit against respondent-for possession of the shop alleging that respondent was defendant in possession of the same without any right, title and interest - Suitdecreed by Trial court - First appeal filed by respondent, dismissed- Second Appeal filed by respondent in High Court was allowed -On appeal, held: High Court's finding that respondent was inoccupation of the suit shop as tenant and that the remedy of appellant was to file suit under the Rent Laws and the 1882 Act, isillegal - Respondent never claimed that he was in possession of thesuit shop as tenant of the appellant's predecessor-in~title - Heasserted his ownership right over the suit shop on the basis ofadverse possession - These issues, which were gone into by Courtsbelow the High Court and were concurrently decided by them againstthe respondent, were binding on High Court - High Court framed ageneral question of law as to whether the findings of the Courtsbelow it were contrary to the pleadings and evidence - In the absenceof any question of law framed on any of the adverse findingsrecorded against the respondent by Courts below the High Court, those findings attained finality - Respondent was in possession ofthe suit shop as an encroaches' and failed to prove his adversepossession over the suit shop - Judgement of High Court is set aside- Judgements of First Appellate Court and Trial Court are restored -Transfer of Property Act, 1882 - Adverse possession.Practice and Procedure - Pleadings - Held: Parties to thesuit cannot travel beyond the pleadings - Court also cannot recordany finding on the issues which are not part of pleadings - Courthas to record the findings only on the issues which are part of thepleadings - Any finding recorded on an issue de hors the pleadingsis without jurisdiction. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 1126 |
Petitioner | Sri Shivaji Balaram Haibaitl |
Respondent | Sri Avinash Maruthi Pawar |
SCR | [2017] 12 S.C.R. 344 |
Judgement Date | 2017-11-20 |
Case Number | 19421 |
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