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december 1989

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.

SUBHASH CHANDRA vs MOHAMMAD SHARIT AND ORS. · Niyam