Supreme Court · 2010 INSC 114 · Decided 22 February 2010

Sadashiv Shyam Sawant (D) Through LRS. and ORS. v. Anita Anant Sawant

Court
Supreme Court of India
Citation
2010 INSC 114 · [2010] 2 S.C.R. 1070
Case number
CIVIL APPEAL No. 1930/2010
Decided
22 February 2010
Bench
P. SATHASIVAM, RAJENDRA MAL LODHA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Specific Relief Act Section 6, 6(1)

Headnote

Specific Relief Act, 1963: s. 6 - Suit filed by landlord C under s. 6 against trespasser when tenant in exclusive possession of suit property is dispossessed forcibly by a D · trespasser/third party - Maintainability of - Held: Maintainable - Non-impleadment of tenant is not fatal to suit as tenant is not necessary party in such suit. Words and phrases: Word 'dispossessed' - Meaning of - In the context of s.6(1) of Specific Relief Act, 1963. The questions which arose for consideration in the present appeal were whether landlord can maintain suit E under Section 6 of Specific

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