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july 2006

Supreme Court of India · 2006-07-07

SUBHAGA vs SHOBHA .

Citation / case number
SC 2003/11028
Court
Supreme Court of India
Petitioner
SUBHAGA
Respondent
SHOBHA .
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 despite concurrent findings by the trial court and the first appellate court that the plaintiff was the owner of plot No. 1301/1 Ba. The Court emphasized that proper identification of the suit property was established through evidence, including a commissioner's report. Consequently, the Supreme Court set aside the High Court's judgment and restored the decree in favor of the plaintiff.

SUBHAGA vs SHOBHA . · Niyam