Supreme Court of India · 2010-02-22
SADASHIV SHYAMA SAWANT(D) TH:LRS &ORS. vs ANITA ANANT SAWANT
- Citation / case number
- SC 2008/11172
- Court
- Supreme Court of India
- Petitioner
- SADASHIV SHYAMA SAWANT(D) TH:LRS &ORS.
- Respondent
- ANITA ANANT SAWANT
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 both the landlord and the tenant have the right to file the suit for recovery of possession, thus upholding the High Court's decision that the landlord's suit was valid. The appeal was dismissed, reinforcing the landlord's right to seek immediate possession despite the tenant's dispossession.