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february 2010

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.

Sadashiv Shyama Sawant(D) Th:Lrs &Ors vs Anita Anant Sawant · Niyam