Supreme Court of India

Sau Rajani v. Sau Smita & Anr

Neutral citation
Reported as [2022] 16 S.C.R. 126
Bench Dr Dhananjaya Y Chandrachud and A S Bopanna JJ.
Decided 8 August 2022

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.

What the Court ordered

For the above reasons, we are of the view that the Single Judge of the High Court was in error in upholding the plea that there was a bar of jurisdiction and reversing the findings of the trial Judge and the first appellate court.

Judgment, page 12

From the headnote

Code of Civil Procedure, 1908: s.9 – Bar of jurisdic tion of civil court – Maharashtra Housing and Area Development Act , 1976 (MHADA) – ss.71, 177 and 66(1)(a)(iv) – Appellant cl aimed to be in possession of the residential tenement – The first respondent is stated to be in occupation of a ground floor tenement in th e same building – Appellant alleged that the first respondent has made illegal and unauthorized construction in open vacant site situ ated in the side of the block which has affected her easements including privacy, light, air, water supply – Appellant institut ed regular civil

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