VidhiSangh

Supreme Court of India · 29/03/2023

SHIVSHANKARA & ANR versus H.P. VEDAVYASA CHAR

[2023] 6 S.C.R. 359 · 2023 INSC 318

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Summary

A plaintiff sued in Bangalore on the strength of prior possession for restoration of part of a house from which he was dispossessed; the defendants led no evidence and the suit was decreed in 2007. After the Supreme Court held in an earlier round that the suit was not one under Section 6 of the Specific Relief Act and confined the remand to recording the defendants' evidence, the High Court refused amendment of the written statement to plead a purchase of the property pendente lite and confirmed the decree. The Supreme Court dismissed the appeal: amendment at the appellate stage after an adverse decree is allowed only in rare cases with reasons for the delay, the trial court could not exceed the remand order, a suit on prior possession is maintainable and jus tertii is no defence, and the suit did not abate as the deceased defendant's estate was represented by his sons.

Issues

  1. Whether the written statement could be amended at the appellate stage, after an adverse decree and a limited remand, to plead a sale deed executed during the pendency of the suit.
  2. Whether a suit based on prior possession and illegal dispossession, held not to be one under Section 6 of the Specific Relief Act, 1963, is maintainable, and whether the defendants could resist it by pleading a third party's title.
  3. Whether the suit abated or was bad for non-joinder on the death of one defendant whose sons were co-defendants and whose alleged vendors were not impleaded.

Provisions considered

Held

Result

Appeal dismissed; Karnataka High Court judgment dated 09.09.2010 in RFA No. 1966 of 2007 confirming the decree for recovery of possession of the B schedule property and perpetual injunction over the C schedule property affirmed; no order as to costs.

Judgment PDF: Supreme Court of India, [2023] 6 S.C.R. 359.