Supreme Court · 2023 INSC 228 · Decided 14 March 2023

Ganesh Prasad v. Rajeshwar Prasad and ORS.

Court
Supreme Court of India
Citation
2023 INSC 228 · [2023] 6 S.C.R. 893
Case number
CIVIL APPEAL No. 1699/2023
Decided
14 March 2023
Bench
SUDHANSHU DHULIA, J.B. PARDIWALA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC; Transfer of Property Act Section 60, 83

Headnote

Code of Civil Procedure, 1908 - Or. VI, R.17 - Or. IX, R.8,9 - Respondent-plaintiff instituted a suit against the appellant- defendant for a declaration that respondents are the lawful owners of the suit property and decree of eviction on the ground of non- payment of rent and written statement stating that the father of the respondent-plaintiff was mortgagor of the suit property who executed a mortgage deed in favour of father of appellant- defendant (mortgagee) and that is how his father was put in possession of the suit property and suit should fail as mortgage was

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