Supreme Court of India · 2019-01-28
KALPANA BANIK vs SWAPAN KUMAR PAUL
- Citation / case number
- SC 2017/36359
- Court
- Supreme Court of India
- Petitioner
- KALPANA BANIK
- Respondent
- SWAPAN KUMAR PAUL
- Author
- INDU MALHOTRA THE CHIEF
- Bench
- HON'BLE MS. JUSTICE INDU MALHOTRA HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court ruled on the interpretation of Section 6 of the Specific Relief Act, 1963, emphasizing that a person dispossessed of immovable property without due process is entitled to restoration. The Court held that the remedy under Section 6 is summary in nature and does not require the claimant to establish title to the property. The appeal was allowed, and the lower court's decision was set aside, restoring possession to the appellant.