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january 2019

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.

KALPANA BANIK vs SWAPAN KUMAR PAUL · Niyam