Full Judgment Text
2024 INSC 345
Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.72 OF 2012
SANJAY MARUTI JADHAV
& ANR. …APPELLANT(S)
VERSUS
AMIT TATOBA SAWANT …RESPONDENT(S)
J U D G M E N T
VIKRAM NATH, J.
1. In this case, orders were reserved on 18.01.2024,
leaving it open for the parties to move an appropriate
application within two weeks, in case any settlement
is arrived at. More than three months have passed;
however, no such application has been filed. We are
thus proceeding to decide the matter on its merits.
2. The appellants are the owners of the property in
question. Under the leave and licence agreement, the
property in question was given to the respondent.
However, the appellants are alleged to have illegally,
Signature Not Verified
Digitally signed by
unauthorizedly and by use of force, evicted the
Neetu Khajuria
Date: 2024.04.26
17:38:02 IST
Reason:
Civil Appeal No. 72 of 2012 Page 1 of 3
respondent. Within six months of dispossession, the
respondent filed a suit under Section 6 of the Specific
1
Relief Act, 1963 . The Trial Court decreed the suit
after disbelieving the contentions raised by the
appellants regarding voluntary handover of
possession, relying upon a possession receipt. The
appellant’s plea regarding the suit being not
maintainable under Section 6 of the Act was also
rejected.
3. Aggrieved, the appellant preferred a revision before
the High Court, which has since been dismissed by
the impugned order. The High Court also found that
the plea of maintainability of the suit raised by the
appellant was without any merit and further
concurred with the finding recorded by the Trial
Court regarding the illegal dispossession of the
respondent.
4. Such concurrent findings, based upon the evidence
on record and also being findings of fact, we do not
find any merit in this appeal. The appeal is
accordingly dismissed.
1
Act,1963
Civil Appeal No. 72 of 2012 Page 2 of 3
5. Pending application(s), if any, is/are disposed of.
……………………………………J.
(VIKRAM NATH)
……………………………………J.
(SATISH CHANDRA SHARMA)
NEW DELHI
APRIL 26, 2024
Civil Appeal No. 72 of 2012 Page 3 of 3