Supreme Court · 2017 INSC 1126 · Decided 20 November 2017
Sri Shivaji Balaram Haibaitl v. Sri Avinash Maruthi Pawar
- Court
- Supreme Court of India
- Citation
- 2017 INSC 1126 · [2017] 12 S.C.R. 344
- Case number
- CIVIL APPEAL No. 19421/2017
- Decided
- 20 November 2017
- Bench
- R.K. AGRAWAL, ABHAY MANOHAR SAPRE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100; Transfer of Property Act
Headnote
Code of Civil Procedure, 1908 - s.100 - Second appeal - Appellant purchased a shop - He filed suit against respondent­ defendant for possession of the shop alleging that respondent was in possession of the same without any right, title and interest - Suit decreed by appeal filed by respondent, dismissed - Second Appeal filed by respondent in High Court was allowed - On appeal, held: High Court's finding that respondent was in occupation of the suit shop as tenant and that the remedy of appellant was to file suit under the Rent Laws and the 1882 Act, is
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