Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Finding as to ownership Who cannot challenge Suit |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Suit – Finding as to ownership – Who cannot challenge – Suit property, three storeyed structure was owned by three brothers, each having 1/3rd share in the property – One of the brother mortgaged his 1/3rd share – Eventually, the predecessor-in-interest of the appellant became the full owner of the property – As per the plaintiff, defendant nos.1 & 2 were permitted to stay in some portion of the house by appellant’s predecessor-in-interest – He issued notice to them to vacate the house but they refused– Suit for eviction filed – Dismissed – Appeal also dismissed – Appellant’s predecessorin-interest sold the property to the appellant – Appellant filed suit for recovery of possession of the top floor of the property, in the alternative also prayed for redemption of any un-redeemed portion of the mortgaged property – Defendant nos. 1 & 2 denied the ownership and claimed that the property was owned by defendant no.3 (the mortgagee) – Suit decreed – Defendant no. 2 filed appeal but, no appeal was filed by defendant no.3 – First appellate court dismissed the plaintiff’s suit – Appellant filed second appeal in the High Court – Allowed – Appeal filed by one ‘MJ’ in the Supreme Court on the ground that she was also one of the legal heirs and no notice was served upon her – Allowed – Case remanded to the High Court – High Court held that even in the absence of defendant no.3, the appeal was maintainable – Held: High Court erred in holding that defendant nos.1 & 2 could maintain an appeal challenging the finding of the trial court that defendant no.3 was not the owner of the property when defendant no.3 himself had not challenged this – Tenants remain tenants whoever be the landlord/ owner – Trial court held that the plaintiff had become the full owner of the whole property which stood redeemed and defendant no.3 had no share in the property –This finding should have been challenged by defendant no.3 and cannot be challenged by the defendant nos.1 & 2 who only claimed to be the tenants in the property – Therefore, the appeal filed by them before the District Judge on the issue as to whether the plaintiffs had become the full owner of the property or not, was not maintainable – Judgment of the High Court set aside while that of the trial court decreeing the suit in favour of the appellants is restored. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2019 INSC 1023 |
Petitioner | Mohan Chandra Tamta (dead) Thr. Lrs. |
Respondent | Ali Ahmad (d) Thr Lrs & Ors. |
SCR | [2019] 12 S.C.R. 166 |
Judgement Date | 2019-09-12 |
Case Number | 4610 |
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