Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908: s. 9 – Bar of jurisdiction of civil court – Maharashtra Housing and Area Development Act, 1976 (MHADA) – ss. 71, 177 and 66(1)(a)(iv) – Appellant claimed to be in possession of the residential tenement – The first respondent is stated to be in occupation of a ground floor tenement in the same building – Appellant alleged that the first respondent has made illegal and unauthorized construction in open vacant site situated in the side of the block which has affected her easements including privacy, light, air, water supply – Appellant instituted regular civil suit seeking removal of illegal construction, grant of permanent prohibitory injunction restraining first respondent-defendant from making any construction over the open site and restoration of water connection – First respondent filed written statement contending that the civil court does not have jurisdiction to entertain the suit under s. 71 r/w s.177 of the MHADA – Civil Judge dismissed the challenge to the jurisdiction and decreed the suit – District Court affirmed the finding of the civil judge – High Court, however, allowed the second appeal filed by the respondent and held that the suit was barred in terms of the provisions of sections 71 and 177 of the MHADA – Held: The objective of the bodies and authorities constituted under the MHADA is to ensure repairing and reconstructing buildings to provide housing – The competent authority under the Act (MHADA) has jurisdiction to order the eviction in terms of the provisions of s. 66 but that was not the relief claimed by the plaintiff-appellant in the suit – Thus, the reliefs claimed by the appellant were beyond the scope of the Act – Suit of the nature filed by the appellant would be maintainable before the civil court and would not be barred by s. 71 or s. 177 of the MHADA. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2022 INSC 805 |
Petitioner | Sau Rajani |
Respondent | Sau Smita & Anr |
SCR | [2022] 16 S.C.R. 126 |
Judgement Date | 2022-08-08 |
Case Number | 5216 |
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