NDLI: Assa Singh (d) By Lrs. Vs. Shanti Parshad (d) By Lrs. & Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Bar of jurisdiction Punjab Security of Land Tenures Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	s. 25 – Bar of jurisdiction of the civil court under – When the landlord-tenant relationship is disputed in a proceeding u/s. 14A – Held: If a landlord-tenant relationship is disputed, despite the exclusive jurisdiction conferred on the Revenue Court, to even order eviction of a tenant, the Civil Court would still retain jurisdiction in a case, despite the bar u/s. 25 – Thus, the validity of the orders u/s. 14A is open to scrutiny in a Civil Court, in a situation, when the tenant denies and disputes the case of the landlord that there is a landlord-tenant relationship – However, a mere plea by the tenant, should not render the Authorities helpless and bereft of power to order eviction – In a situation, where the Authority finds the plea of the tenant to be completely frivolous and mere attempt at blocking the proceedings, the validity enacted u/s. 25 cannot be diluted – On facts, appellant claiming to have purchased the suit property from Mahant, the previous landlord filed application for ejectment of respondent No. 1-tenant on the ground of non-payment of rent which was allowed by the Assistant Collector and thereafter, upheld by the Collector and the Commissioner – First respondent then filed suit seeking declaration that the suit property is owned by a Mandir, the Mahant having sold it to appellant as manager of the Mandir without having any title in the property– Suit decreed by the trial court holding that the Mandir was the owner and no rights were conveyed to the appellants under the sale – Thereafter, appeal as also Second Appeal by the appellants dismissed – Appellants claim under an assignment made by the Mahant, who has been found to be without Authority to convey any right to the appellants – In such circumstances, it cannot be said that the suit filed by tenant is clearly barred – s. 14A.s. 25 – Exclusion of courts and authorities – Interpretation of – Explained.Punjab Tenancy Act, 1887: ss. 40-45, 75-78, 80, 82, 84, 88, 89, 98-100 – Provisions pertaining to ejectment of tenant – Provisions pertaining to jurisdiction and procedure – Stated.
Judge	Hon'ble Mr. Justice K.M. Joseph
Neutral Citation	2021 INSC 743
Petitioner	Assa Singh (d) By Lrs.
Respondent	Shanti Parshad (d) By Lrs. & Others
SCR	[2021] 9 S.C.R. 1162
Judgement Date	2021-11-17
Case Number	6915

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Assa Singh (d) By Lrs. Vs. Shanti Parshad (d) By Lrs. & Others

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Assa Singh (d) By Lrs. Vs. Shanti Parshad (d) By Lrs. & Others

Assa Singh (d) By Lrs. Vs. Shanti Parshad (d) By Lrs. & Others

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