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november 2003

Supreme Court of India · 2003-11-18

Rekha Mukherjee vs Ashish Kumar Das & Anr

Citation / case number
AIR 2004 SUPREME COURT 443
Court
Supreme Court of India
Petitioner
Rekha Mukherjee
Respondent
Ashish Kumar Das & Anr
Author
S.B. Sinha
Bench
Chief Justice, S.B. Sinha, Ar. Lakshmanan

Judgment text excerpt

The Supreme Court addressed the interpretation of a consent order regarding eviction and specific performance, emphasizing the binding nature of agreements made in court. The Court held that the respondents' claim of possession based on part performance of a contract was not tenable after the dismissal of their specific performance suit (Title Suit No.49 of 1990). The Court affirmed the High Court's decree for eviction, reinforcing the principle that consent orders must be adhered to unless legally challenged, thereby upholding the landlord's rights under the relevant eviction laws.

Rekha Mukherjee vs Ashish Kumar Das & Anr · Niyam