VidhiSangh

Supreme Court of India · 12/09/2019

G H MOHAN CHANDRA TAMTA (DEAD) THR. LRS. versus ALI AHMAD (D) THR LRS & ORS.

[2019] 12 S.C.R. 166 · 2019 INSC 1023

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Summary

Tenants challenged a possession decree by disputing the plaintiff’s full ownership after the person through whom they claimed had accepted the decree rejecting his title and finding redemption of the mortgage. The Court held that the tenants could not pursue that ownership challenge on his behalf. Their ability to challenge the decree on other grounds was distinguished. The trial court’s decree was restored.

Issues

  1. Whether tenants could challenge the finding rejecting their claimed landlord’s title when he had not appealed it.

Held

Result

The High Court judgment was set aside and the trial court’s judgment and decree granting possession in favour of the appellants restored. The appeal was disposed of without costs.

Judgment PDF: Supreme Court of India, [2019] 12 S.C.R. 166.