Supreme Court of India · 1953-10-14
JAGADGURU GURUSHIDDASWAMI vs DAKSHINA MAHARASHTRA DIGAMBARJAIN SABHA.
- Citation / case number
- SC 1952/44
- Court
- Supreme Court of India
- Petitioner
- JAGADGURU GURUSHIDDASWAMI
- Respondent
- DAKSHINA MAHARASHTRA DIGAMBARJAIN SABHA.
- Bench
- MUKHERJEA, B.K.
Judgment text excerpt
The Supreme Court held that a decree for possession obtained by a landlord against a lessee does not bind a donee of the property when the lease was not based on a sublease but on a gift. The Court clarified that the suit for ejectment was based on title and not on eviction of a lessee, thus the donee was not bound by the earlier decree. Additionally, the Court ruled that the suit was not saved by Section 10 of the Limitation Act as the lease was for valuable consideration, affirming the lower courts' decisions regarding limitation.