Supreme Court · 2010 INSC 451 · Decided 28 July 2010
Sameer Kumar Pal & Another v. Sheikh Akbar & Others
- Court
- Supreme Court of India
- Citation
- 2010 INSC 451 · [2010] 9 S.C.R. 94
- Case number
- CIVIL APPEAL No. 2398/2002
- Decided
- 28 July 2010
- Bench
- DALVEER BHANDARI, K.S. RADHAKRISHNAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100
Headnote
Code of Civil Procedure, 1908 - s. 100 - Second appeal C - Suit for eviction - Tenant's case that suit property was a wakf property, thus, trial court had no jurisdiction to adjudicate thA matter but no plea raised before trial court as also first appellate court that suit property is a joint decreed in favour of landlord holding that suit property D was not a wakf property- Order of trial court upheld by first appellate court - Second appeal - High Court allowing the same by setting aside the concurrent findings of fact - Justification of - Held: Not justified - High Court without any
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