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february 1968

Supreme Court of India · 1968-02-12

NAIR SERVICE SOCIETY LTD. vs REV. FATHER K. C. ALEXANDER & ORS.

Citation / case number
SC 1966/60075
Court
Supreme Court of India
Petitioner
NAIR SERVICE SOCIETY LTD.
Respondent
REV. FATHER K. C. ALEXANDER & ORS.
Bench
HIDAYATULLAH

Judgment text excerpt

The Supreme Court held that under Section 8 of the Specific Relief Act, 1877, a suit for possession can be filed without proof of title if it is initiated within six months of dispossession. The Court affirmed the High Court's finding that the plaintiff was forcibly dispossessed by the Society, rejecting the Society's argument that the plaintiff had been evicted by the Government. The Court clarified that the distinction between Sections 8 and 9 of the Specific Relief Act does not rely on Roman Law principles, thus upholding the High Court's decree in favor of the plaintiff.

NAIR SERVICE SOCIETY LTD. vs REV. FATHER K. C. ALEXANDER & ORS. · Niyam