Supreme Court of India · 2019-04-04
ATUL CHANDRA DAS(D) TR.LRS. vs RABINDRA NATH BHATTACHARYA(D)TR.LRS.&ORS
- Citation / case number
- SC 2007/27635
- Court
- Supreme Court of India
- Petitioner
- ATUL CHANDRA DAS(D) TR.LRS.
- Respondent
- RABINDRA NATH BHATTACHARYA(D)TR.LRS.&ORS
- Author
- HON'BLE MR. JUSTICE K.M. JOSEPH
- Bench
- HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE ASHOK BHUSHAN
Judgment text excerpt
The Supreme Court upheld the Calcutta High Court's dismissal of appeals concerning the ejectment of tenants from property, affirming the concurrent findings of lower courts. The Court noted that the appellants, representing Atul Chandra Das, failed to establish their claim of ownership based on a 1960 agreement, which was contested as collusive by the defendants. The Court emphasized the importance of the original mortgage agreement and the rights of the defendants under the will of the deceased owner, thus maintaining the status quo of possession.