Supreme Court of India · 2010-02-22
Sadashiv Shyama Sawant(D) Th:Lrs &Ors vs Anita Anant Sawant
- Citation / case number
- 2010 AIR SCW 1822
- Court
- Supreme Court of India
- Petitioner
- Sadashiv Shyama Sawant(D) Th:Lrs &Ors
- Respondent
- Anita Anant Sawant
- Author
- R.M. Lodha
- Bench
- R.M. Lodha, P. Sathasivam
Judgment text excerpt
The Supreme Court held that a landlord can maintain a suit under Section 6 of the Specific Relief Act, 1963 against a third party who forcibly dispossesses a tenant, affirming that the tenant is not a necessary party in such a suit. The Court clarified that the landlord's right to seek recovery of possession is independent of the tenant's status, thus allowing the landlord to act on behalf of the tenant. The appeal was dismissed, upholding the lower court's decision in favor of the landlord.