Supreme Court of India

Deva Sahayam (d) by Lrs. v. P. Savithramma and Ors.

Neutral citation
Reported as [2005] SUPP. 3 S.C.R. 255
Bench S.B. Sinha J.
Decided 16 September 2005

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

For the reasons stated hereinbefore and in particular as no writ was required to be issued having regard to the fact that public law remedy could not have been resorted to, the impugned orders must be held to be illegal and without jurisdiction and are liable to be set aside.

Judgment, page 16

From the headnote

Rent Control and Eviction- .?. Buildings Lease, Rent and Eviction Control Act, 1960-Sec. 10(1), 10(2)(vij-Eviction on the ground of denial of title-Held, Civil court has no jurisdiction to entertain the relief by way of counter claim in a suit for specific performance. Specific Relief Act, 1963-0rder Vll Rule 7 CPC-Suit for specific performance and declaration by tenant against a landlord-Counter claim by the landlord for the relief of possession on ground of denial of title-No finding in any rent control proceeding about bona fide of the claim-Held, Civil Court has no jurisdiction Appellant

Where later benches applied it

Of those, 2 relied on

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