Supreme Court · 2009 INSC 1012 · Decided 4 August 2009
Biswanath Agarwalla v. Sabitri Bera & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1012 · [2009] 12 S.C.R. 459
- Case number
- CIVIL APPEAL No. 5085/2009
- Decided
- 4 August 2009
- Bench
- S.B. SINHA, DEEPAK VERMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 142
Headnote
+ Suit - Suit for eviction - Defendant claiming to be put in possession of suit property by predecessor-in-interest of plaintiff by virtue of sale - Defendant also taking plea of c adverse possession before appellate court - Suit dismissed by trial court on the ground that tenancy not proved - the basis of general title of plaintiff - In second appeal, substantial question of law not framed - Suit decreed holding that defendant was trespasser - No D .. issue as regards trespass was framed - On appeal, held: Issue as regards trespass was required to be framed - Non- framing of the
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