VidhiSangh

Supreme Court of India · 20/11/2017

SRI SHIVAJI BALARAM HAIBAITL versus SRI AVINASH MARUTHI PAWAR

[2017] 12 S.C.R. 344 · 2017 INSC 1126

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Summary

The trial and first appellate courts decreed possession against an occupier whose adverse-possession defence failed. The High Court instead treated him as a tenant on second appeal, although he had not pleaded tenancy. The Supreme Court rejected that approach and restored the concurrent decrees.

Issues

  1. Whether the High Court could decide a second appeal on an unpleaded tenancy theory.
  2. Whether a sale-deed recital recording possession established tenancy.

Held

Result

Appeal allowed; High Court judgment set aside and trial court and first appellate court decrees restored, including possession and mesne profits.

Judgment PDF: Supreme Court of India, [2017] 12 S.C.R. 344.