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february 2010

Supreme Court of India · 2010-02-22

Sadashiv Shyama Sawant(D) Th:Lrs ... vs Anita Anant Sawant

Court
Supreme Court of India
Petitioner
Sadashiv Shyama Sawant(D) Th:Lrs ...
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 rights, thus upholding the trial court's decision to grant possession to the landlord. The appeal was dismissed, affirming the lower court's ruling.

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