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.