Supreme Court · 2004 INSC 595 · Decided 12 October 2004

P. Janardhana RAO. v. Kannan and ORS.

Court
Supreme Court of India
Citation
2004 INSC 595 · [2004] SUPP. 5 S.C.R. 344
Case number
CIVIL APPEAL No. 1664/1998
Decided
12 October 2004
Bench
ASHOK BHAN, S.H. KAPADIA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 21

Headnote

Civil Procedure Code, 1908; Order 21 Rule 97: Suit for ejectment-Decreed by Court of Small Causes-Delivery of C possession resisted-:-petition for removal of obstruction-Allowed by execution Court on ground that no evidence of possession furnished by obstructionists­ Reversed by· High property prior to · filing of ejectment suit-Apparently evidence has been created since filing of D the suit-Merely because a prosecution witness stated, it would not be sufficient to conclude that obstructionists resided in the suit property for the alleged period-High Court has failed to

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