Supreme Court · 2006 INSC 91 · Decided 16 February 2006
Bansraj Laltaprasad Mishra v. Stanley Parker Jones
- Court
- Supreme Court of India
- Citation
- 2006 INSC 91 · [2006] 2 S.C.R. 334
- Case number
- CIVIL APPEAL No. 6396/2001
- Decided
- 16 February 2006
- Bench
- ARIJIT PASAYAT, TARUN CHATTERJEE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 116
Headnote
• Evidence Act, 1872 : • c Section 116---Estoppel-Licensee questioning title of licensor-Held, High Court erroneously laid stress on title-The stress is on the possession of the person who is in possession of the property at the time of agreement- Matter remanded to High Court for compensation against the D defendant-respondent. It wa:i stated in the plaint that the suit premises · were given to the defendant under an agreement for leave and licence. The defendant filed written :statement. Later by way of amendment, the defendant pleaded that he was not a licencee
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