Justice Vikram Nath and Satish Chandra Sharma dismissed an appeal made by the appellant to dismiss the impugned order regarding the maintainability of Section 6 of the Specific Relief Act, 1963.
Orders were put on hold on January 18, 2024, allowing the parties two weeks to submit a settlement application. It’s been over three months now, and no such application has been made. Therefore, we’re moving forward to decide the case based on its substance.
The appellants were the owner of the property in question . The property in question was lent to the respondent under the leave and license agreement. The respondents have alleged that the appellant have illegally, unauthorizedly and by use of force, had evicted him for the property in question.
The respondent filed a suit under Section 6 of the Specific Relief Act, 1983 within six months from dispossession. Section 6 of the Specific Relief Act, 1963 states if someone is kicked out of their property without agreeing to it, they or anyone representing them can file a lawsuit to get the property back, regardless of any other claims made about the property’s ownership. But such a suit shall be instituted within six months from dispossession from property by such person. Orders or decrees passed under Section 6 can not be reviewed or appealed.
The trial court believed the respondent’s side over the appellant’s claims of handing over voluntarily on the account of possession receipt. The appellant’s argument that the suit wasn’t valid under Section 6 of the Act was rejected. The High Court also dismissed the appellant’s revision, agreeing with the Trial Court’s decision based on the findings of the Trial Court.
Since both courts agreed based on the evidence, the appeal got dismissed by the Supreme Court as the illegal dispossession of the respondent was visible from the evidence.
Case Title : SANJAY MARUTI JADHAV & ANR VS AMIT TATOBA SAWANT, CIVIL APPEAL NO.72 OF 2012
Written by: Ayesha Hussain, College name : Surendranath Law College, 4th year B.A.LL.B(HONS), Intern under Legal Vidhiya
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