Supreme Court of India · 2004-04-02
SANJAY KUMAR PANDEY vs GULBAHAR SHEIKH .
- Citation / case number
- SC 2001/21068
- Court
- Supreme Court of India
- Petitioner
- SANJAY KUMAR PANDEY
- Respondent
- GULBAHAR SHEIKH .
- Author
- ASHOK BHAN. R.C. LAHOTI
- Bench
- ASHOK BHAN. R.C. LAHOTI
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. The Court found that the High Court improperly reversed the trial Court's decree without adequately considering the evidence or adhering to the parameters of Section 115 of the Code of Civil Procedure, 1908. Consequently, the Supreme Court allowed the appeal, set aside the High Court's order, and restored the civil revision for fresh hearing.