Supreme Court · 1993 INSC 112 · Decided 23 March 1993

Pathan Murtazakhan Dadamkhan and ORS. v. Jathan Pirkhan Amdumiyan (Dead) BY LRS.

Court
Supreme Court of India
Citation
1993 INSC 112 · [1993] 2 S.C.R. 578
Case number
CIVIL APPEAL No. 1890/1974
Decided
23 March 1993
Bench
K. RAMASWAMY, R.M. SAHAI (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC

Headnote

MURTAZAKHAN DADAMKHAN AND ORS. v. J'ATHAN PIRKHAN AMDUMIYAN (DEAD) BY LRS. MARCH 23, 1993 B [K. RAMASWAMY AND R.M. SAHA!, JJ.) Code of Civil Procedure, 1908: Section JOO-Second appeal-Raising of fresh plea during-f'ermis- c sibility of. Section 9-Civi/ Courts-Bar of jurisdiction. Bombay Tenancy suit for redemption which was decreed subject to payment of damages for improvements. On appeal, the District Court confirmed the redemption decree but set aside the decree for damages. Io second appeal, (be appellants raised a new plea: that they were deemed tenants by opera- E lion of Section

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