Supreme Court of India
Biswanath Agarwalla v. Sabitri Bera & Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the opinion that keeping in view the peculiar facts and circumstances of this case and as the plaintiffs have filed the suit as far back in the year 1990, the interests of justice should be subserved if we in exercise of our F jurisdiction under Article 142 of the Constitution of India issue the following directions with a view to do complete justice to the parties. i.
Judgment, page 19
From the headnote
Suit - Suit for eviction - Defendant claiming to be put in possession of suit property by predecessor-in-interest of plaintiff by virtue of sale - Defendant also taking plea of c adverse possession before appellate court - Suit dismissed by trial court on the ground that tenancy not proved - Decreed by first appellate court on the basis of general title of plaintiff - In second appeal, substantial question of law not framed - Suit decreed holding that defendant was trespasser - No .. issue as regards trespass was framed - On appeal, held: Issue as regards trespass was required to be framed -
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