Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit for permanent injunction - Claim of plaintiff based on |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Suit for permanent injunction - Claim of plaintiff based on premise that she was allotted a site no. 4307 by the Cooperative society and she was the owner of the said site and the appellants defendants were trying to interfere with her possession - Summons served but defendants did not appear - Trial court passed ex-parte decree - Defendant challenged the ex-parte decree on the ground that suit property originally carved as site no. 690 was purchased by him from original allottee - High Court while noting that suit property is site no.4307 but the sale deed of defendants is in respect of site no. 690, directed defendants to institute independent proceedings to establish their right by filing appropriate suit - On appeal, Held: High Court instead of relegating the appellants! defendants to file a fresh suit ought to have remitted the matter back to the trial court to resolve the dispute after trial -As both the parties were claiming right to the registered sale deed originating from the Cooperative Society and also claiming right of possession, therefore, in the interest of justice, the judgment of the High Court as well as the trial court set aside and the matter remitted back to the trial court for fresh consideration. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2017 INSC 212 |
Petitioner | Ravish And Anr. |
Respondent | Smt. R. Bharathi |
SCR | [2017] 2 S.C.R. 917 |
Judgement Date | 2017-03-07 |
Case Number | 3771 |
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