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.