Niyam v2 is live — start for just ₹100 — 200 credits to try

march 1997

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.

JOY NATH GOALA vs BHABANI PRASAD CHOUDHURY · Niyam