Supreme Court · 1991 INSC 238 · Decided 17 September 1991
Ghan Shyam Das Gupta and ANR. v. . Anant Kumar Sinha and ORS.
- Court
- Supreme Court of India
- Citation
- 1991 INSC 238 · [1991] SUPP. 1 S.C.R. 119
- Case number
- CIVIL APPEAL No. 3656/1991
- Decided
- 17 September 1991
- Bench
- L.M. SHARMA, J.S. VERMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution Article 226; Rent Control Act
Headnote
Constitution of India, 1950: Article 226-Scope of -Jurisdictioll -£xercise of -whether justified when alternative remedy available. A B Civil Procedure Code, 1908: Order XX/, Rules 97-106- Executioll C of decree--Whether third party, claimant objector, entitled to remedy. The appellants, the tenant, Respondent No. 7. While the' decree was under challenge before the High Court, Respondent Nos. 1 to 5 approached the High Court under Art.' 226 of the Constitution, claiming D that, being members of Joint Hindu Family, alongwith the father of - -t Respondent No. 7, they were tenants
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