Supreme Court · 2019 INSC 116 · Decided 31 January 2019
Mahadev P Kambekar (D) TR. LRS. v. Shree Krishna Woolen Mills PVT. LTD.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 116 · [2019] 1 S.C.R. 827
- Case number
- CIVIL APPEAL No. 5753/2011
- Decided
- 31 January 2019
- Bench
- ABHAY MANOHAR SAPRE, R. SUBHASH REDDY (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
Presidency Small Cause Courts Act, 1882 - s. 41 - Counter claim - Maintainability - On facts, dispute between the parties relating to land in Bombay suburban district - Suit by plaintiff- lessee(respondent) against defendant-lessor/owner(appellants) on the original claiming specific performance of contract-lease deed in relation to suit land - Defendant filing counter claim against the plaintiff seeking their eviction from suit land and arrears of rent - Single Judge allowed the counter claim and passed decree for possession of the suit land
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