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january 1996

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.

UMA SHANKER (DEAD) & ORS. vs SARABJEET (DEAD) BY LRS. & ORS. · Niyam