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april 2004

Supreme Court of India · 2004-04-02

Sanjay Kumar Pandey & Ors vs Gulbahar Sheikh & Ors

Citation / case number
AIR 2004 SUPREME COURT 3354
Court
Supreme Court of India
Petitioner
Sanjay Kumar Pandey & Ors
Respondent
Gulbahar Sheikh & Ors
Bench
R.C. Lahoti, Ashok Bhan

Judgment text excerpt

The Supreme Court held that a suit under Section 6 of the Specific Relief Act, 1963 is a summary proceeding focused solely on possession, not title, and that the High Court's reliance on selective oral evidence to reverse the trial court's decree was improper. The Court emphasized that the High Court must adhere to the parameters of Section 115 of the Code of Civil Procedure, 1908 when exercising revisional jurisdiction. Consequently, the Court allowed the appeal, set aside the High Court's order, and restored the civil revision for fresh hearing.

Sanjay Kumar Pandey & Ors vs Gulbahar Sheikh & Ors · Niyam