Supreme Court of India · 1997-03-03
JOY NATH GOALA vs BHABANI PRASAD CHOUDHURY
- Citation / case number
- SC 1995/17379
- Court
- Supreme Court of India
- Petitioner
- JOY NATH GOALA
- Respondent
- BHABANI PRASAD CHOUDHURY
- Author
- G.T. NANAVATI K. RAMASWAMY
- Bench
- G.T. NANAVATI K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that the Guwahati High Court erred in dismissing the appellants' suit for eviction on the grounds of non-joinder of a co-tenant, Bhuban Choudhury, who had not claimed any interest in the property. The Court clarified that the omission to implead Choudhury was inconsequential as he was not in possession and had disclaimed interest. Furthermore, the respondents failed to plead adverse possession, thus the question did not arise, leading to the reversal of the High Court's decision and restoration of the trial court's decree.