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.