Supreme Court · 1999 INSC 514 · Decided 2 November 1999

Ajit Chopra v. Sadhu Ram and ORS.

Court
Supreme Court of India
Citation
1999 INSC 514 · [1999] SUPP. 4 S.C.R. 340
Case number
CIVIL APPEAL No. 755/1997
Decided
2 November 1999
Bench
M. JAGANNADHA RAO, M.B. SHAH (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 47; Rent Control Act

Headnote

Code of Civil Procedure, 1908. Sections I I and 47-Eviction decree in rent control proceedings- C Decree not executed and time barred-Suit based on title filed within I 2 years of eviction proceedings attaining finality-Tenant claiming adverse possession-Commencement of adverse proceedings _the relationship as tenant continues-Whether D second suit maintainable-Held, suit not based on eviction decree and title in property not extinguished by adverse possession-Second suit is maintainable and not barred by Sections I I or 47-East Punjab Urban Rent Restriction Act, I 949.

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