Supreme Court · 2009 INSC 297 · Decided 3 March 2009
Kausal Yabai & Akkabai (Dead) BY LRS. v. Harishchandra Munnalal Gupta
- Court
- Supreme Court of India
- Citation
- 2009 INSC 297 · [2009] 3 S.C.R. 1096
- Case number
- CIVIL APPEAL No. 1367/2009
- Decided
- 3 March 2009
- Bench
- S.B. SINHA, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
' --... Code of Civil Procedure, 1908: c s. 100 - Second appeal - High Court dismissing second appeal in limine - HELD: Suit for recovery of possession based on grant of permanent lease which grant by subsequent events could not attain finality, High Court ought to have considered - High Court would D ~ecide the second appeal afresh after formulating substantial ,.- question of law. The plaintiff-respondent filed a suit against her widowed sister, the defendant-appellant for recovery of possession of the suit property. The plaintiff's case was E that he had been granted a
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