Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Municipal Corporation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Guwahati Municipal Corporation Act, 1971 (1 of 1973) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Municipal Corporation: Guwahati Municipal Corporation Act, 1971: ss. 341, 246, 247 and 248 – Bar of jurisdiction of civil court – Issue relating to a common drain between two private individuals residing within the limits of the Municipal Corporation – Held: Is not an issue regarding which a specific bar is contemplated against approaching the civil court for relief – ss. 246, 247 and 248 though referred to the ownership and the manner in which the drains connected to municipal drain are to be used and the Commissioner is given the authority to compel the owner of a drain to permit another property owner to use the same, the said provisions cannot be considered either as an express or an implied bar on the civil court to entertain a suit relating to the declaration of an existing right to use of the drain – On facts, appellant is asserting about a right which existed and is seeking to safeguard and continue to exercise such right – Case pleaded is not to the effect that any of them own the drain but that the respondent is seeking to alter that position and thus, be restrained – Such relief is to be considered in the suit based on the evidence that would be tendered – Thus, such relief is not barred under any law - High Court wrongly rejected the plaint, when in the instant facts there is neither express nor implied bar under any law, whereas Munsif was justified in passing the order holding the suit to be maintainable – Thus, the order passed by the High Court is set aside. |
Judge | Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna |
Neutral Citation | 2021 INSC 390 |
Petitioner | Ratul Mahanta |
Respondent | Nirmalendu Saha |
SCR | [2021] 8 S.C.R. 92 |
Judgement Date | 2021-08-10 |
Case Number | 4627 |
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