Supreme Court of India · 1989-12-19
SUBHASH CHANDRA vs MOHAMMAD SHARIT AND ORS.
- Citation / case number
- SC 1983/65921
- Court
- Supreme Court of India
- Petitioner
- SUBHASH CHANDRA
- Respondent
- MOHAMMAD SHARIT AND ORS.
- Author
- L.M. SHARMA
- Bench
- L.M. SHARMA
Judgment text excerpt
The Supreme Court held that under Section 116 of the Indian Evidence Act, a tenant cannot challenge the title of the original landlord, but may challenge the title of a subsequent landlord. The Court affirmed the High Court's decision that the tenant was estopped from disputing the title of the plaintiffs based on a compromise decree, as the compromise was not an adjudication on title but binding on the parties. The appeal was dismissed, upholding the eviction order against the tenant.