Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | adverse possession Suit for eviction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | MADHYA PRADESH ACCOMMODATION CONTROLACT, 1961:Suit for eviction - Defendant denying title of plaintiff oversuit premises and setting up plea of adverse possession -Finding of trial court that there is no relationship of landlordand tenant between parties, not assailed - Held: Once a finding0 was recorded that there was no relationship of landlord andtenant under the Scheme of the Act, there was no necessityto enter into an enquiry with regard to the title of the plaintiffbased on the sale deed or the title of the defendant as putforth by way of assertion of long possession - High Court isjustified to the extent that no equitable relief could be grantedin a suit instituted under the Act - But, it has committed anillegality by affirming the judgment and decree passed by trialcourt because by such affirmation, defendant becomes ownerof the premises by acquisition of title by prescription and,therefore, impugned judgment to that extent is vulnerable and accordingly the said affirmation is set aside - Judgment of High Court is affirmed only to the extent that as relationship of landlord and tenant was not established, defendant was not liable for eviction under the Act - The issue of right, title andinterest is open - In the circumstances, plaintiff is entitledG under law to file a fresh suit for title and recovery ofpossession and such other reliefs as the law permits anddefendant is entitled to resist the same by putting forth all hisstand and stance including the plea of adverse possession. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 754 |
Petitioner | Tribhuvanshankar |
Respondent | Amrutlal |
SCR | [2013] 12 S.C.R. 368 |
Judgement Date | 2013-11-13 |
Case Number | 10316 |
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