Supreme Court of India · 2006-07-07
Subhaga & Ors vs Shobha & Ors
- Citation / case number
- 2006 AIR SCW 4855
- Court
- Supreme Court of India
- Petitioner
- Subhaga & Ors
- Respondent
- Shobha & Ors
- Author
- P.K. Balasubramanyan
- Bench
- S.B. Sinha, P.K. Balasubramanyan
Judgment text excerpt
The Supreme Court held that the High Court exceeded its jurisdiction under Section 100 of the Code of Civil Procedure, 1908 by dismissing the suit based on improper identification of the property. The Court emphasized that the lower appellate court had adequately identified the suit property through evidence, including a commissioner's report and the plaintiff's admissions. Consequently, the Supreme Court allowed the appeal, reinstating the decree in favor of the plaintiff, affirming their ownership of plot No. 1301/1 Ba.