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march 2000

Supreme Court of India · 2000-03-10

BANK OF INDIA vs SM. LAKSHIMANI DASS .

Citation / case number
SC 1986/67270
Court
Supreme Court of India
Petitioner
BANK OF INDIA
Respondent
SM. LAKSHIMANI DASS .
Author
S.R.BABU S.S.AHMAD
Bench
S.R.BABU S.S.AHMAD

Judgment text excerpt

The Supreme Court held that under Order XXI Rule 101 of the Civil Procedure Code, a party claiming possession must establish their right to possession at the time of the decree's execution. The Court found that the Bank of India and the partnership firm failed to prove their claim of possession over the godown, leading to the conclusion that the plaintiffs were entitled to possession and compensation for losses incurred. The Court upheld the lower court's decision to grant possession to the plaintiffs and awarded damages for wrongful detention of goods.

BANK OF INDIA vs SM. LAKSHIMANI DASS . · Niyam