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august 2009

Supreme Court of India · 2009-08-04

BISWANATH AGARWALLA vs SABITRI BERA .

Citation / case number
SC 2007/12920
Court
Supreme Court of India
Petitioner
BISWANATH AGARWALLA
Respondent
SABITRI BERA .
Author
S.B. SINHA

Judgment text excerpt

The Supreme Court addressed whether a Civil Court can decree eviction based on the defendant's status as a trespasser in a simple eviction suit. The Court held that even in the absence of a landlord-tenant relationship, a plaintiff can obtain possession based on general title, as established under the Transfer of Property Act, particularly Section 106. The Court upheld the appellate court's decision granting eviction to the respondents, affirming their ownership despite the appellant's claims of adverse possession.

BISWANATH AGARWALLA vs SABITRI BERA . · Niyam