Supreme Court of India · 1996-01-23
UMA SHANKER (DEAD) & ORS. vs SARABJEET (DEAD) BY LRS. & ORS.
- Citation / case number
- SC 1979/62853
- Court
- Supreme Court of India
- Petitioner
- UMA SHANKER (DEAD) & ORS.
- Respondent
- SARABJEET (DEAD) BY LRS. & ORS.
- Author
- Sujata V. Manohar
- Bench
- MANOHAR SUJATA V.
Judgment text excerpt
The Supreme Court held that under the Banaras State Tenancy Act, 1949, a consent decree obtained by Damri Lal against Sarabjeet for ejectment was valid, as Sarabjeet relinquished his rights in the land. The Court ruled that the subsequent suit filed by the appellants for recovery of possession was maintainable despite the earlier compromise decree, as a fresh cause of action arose when Sarabjeet interfered with possession. The Court upheld the trial court's decision, affirming the appellants' entitlement to succeed in their claim for possession.