Supreme Court of India · 2009-08-04
Biswanath Agarwalla vs Sabitri Bera & Ors
- Court
- Supreme Court of India
- Petitioner
- Biswanath Agarwalla
- Respondent
- Sabitri Bera & Ors
- Author
- S.B. Sinha
- Bench
- Deepak Verma, S.B. Sinha
Judgment text excerpt
The Supreme Court addressed whether a Civil Court can grant a decree for eviction based on the defendant's status as a trespasser. The Court held that even in the absence of a landlord-tenant relationship, a plaintiff can seek eviction based on general title under the Transfer of Property Act, specifically referencing Section 106. The Court upheld the appellate court's decision to grant possession to the plaintiffs, affirming their ownership despite the defendant's claims of adverse possession.