Supreme Court · 1999 INSC 454 · Decided 5 October 1999
Shri Mahabir Prasad Jain v. Shri Ganga Singh
- Court
- Supreme Court of India
- Citation
- 1999 INSC 454 · [1999] SUPP. 3 S.C.R. 415
- Case number
- CIVIL APPEAL No. 5732/1999
- Decided
- 5 October 1999
- Bench
- M. SRINIVASAN, AJAY PRAKASH MISRA, N. SANTOSH HEGDE (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 115; Specific Relief Act Section 6
Headnote
MAHABIR PRASAD JAIN A v. SHRI GANGA SINGH OCTOBER 5, 1999 [M. SRINIVASAN, AP. MISRA AND N. SANTOSH HEGDE, JJ.) B Specific Relief Act, 1963-Section 6. Suit-Decree for possession of tenanted premises-Grant of-Trial Coun through finding that respondent's tenancy not proved, granting decree C for Trial Coun committed serious e"or by granting decree for possession on e"oneous presumption without consider- ing the evidence on record-High Cou11 failed in its duty by confirming such a decree without e,xamining the case in proper perspective-Civil Procedure Code, 1908-S.115.
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