VidhiSangh

Supreme Court of India · 25/09/2018

BISWAJIT SUKUL versus DEO CHAND SARDA & ORS.

[2018] 11 S.C.R. 498 · 2018 INSC 874

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Summary

The Supreme Court set aside the dismissal of a landlord’s first appeal and revision and remanded the appeal for fresh decision. The trial court had found a landlord–tenant relationship but rejected default and cause of action. In this case, the defendants had filed no cross-objection against the tenancy finding, and the Court held that the first appellate court lacked jurisdiction to reverse it in the plaintiff’s appeal. The remand was confined to findings adverse to the plaintiff; defendants could not use it to file belated cross-objections. The merits remained open within that scope.

Issues

  1. Whether the first appellate court could reverse the trial court’s tenancy finding in the plaintiff’s appeal when defendants had filed no cross-objection.
  2. What issues and procedural limits governed the remand.

Provisions considered

Held

Result

Appeal allowed; High Court and first appellate judgments set aside. First appeal remanded on issues adverse to the plaintiff, for decision within six months; belated defendants’ cross-objections barred.

Judgment PDF: Supreme Court of India, [2018] 11 S.C.R. 498.