Supreme Court Judgment: Sanjay Maruti Jadhav Vs. Amit Tatoba Sawant on Illegal Eviction Case

In the Supreme Court judgment of Sanjay Maruti Jadhav Vs. Amit Tatoba sawant, the appeal concerning an illegal eviction has been dismissed. The case revolves around allegations of forceful and unauthorized eviction by the appellants. Stay updated with the latest legal developments as the court examines the matter on its merits.

Facts

  • Leave and licence agreement provided the property to the appellants.
  • Trial Court decreed the suit after disbelieving the appellants’ contentions on voluntary handover of possession.
  • Appellants are the owners of the property.
  • Orders were reserved on 18.01.2024 allowing parties to move an application within two weeks if settlement is reached.
  • Respondent filed suit under Section 6 of the Specific Relief Act within six months of dispossession.
  • Appellants’ plea on suit not being maintainable under Section 6 of the Act was rejected.
  • The appellant’s revision before the High Court has been dismissed.
  • The High Court found the appellant’s plea of maintainability of the suit to be without merit.
  • The High Court concurred with the Trial Court’s finding regarding the illegal dispossession of the respondent.

Also Read: State of Odisha vs. M/s Millan Developer and Builders Pvt. Ltd.: Land Fraud Conspiracy Case

Analysis

  • The appellants have not filed the application within the specified time frame of more than three months.
  • Allegations suggest that the appellants forcefully evicted the original respondent.
  • The eviction was done illegally and without authorization.
  • Civil Appeal No 72 of 2012 may have been compromised due to this illegal eviction.

Also Read: Judgment by Supreme Court of India in the Criminal Appeals of Chandra Kumar and Rishi Kumar

Decision

  • The appeal has been dismissed
  • The matter will now be decided on its merits
  • Concurrent findings based on evidence on record and being findings of fact
  • No merit found in the appeal

Also Read: Supreme Court Judgement: State of Uttar Pradesh vs. Vivek Pal and Punit Pal

Case Title: SANJAY MARUTI JADHAV Vs. AMIT TATOBA SAWANT (2024 INSC 345)

Case Number: C.A. No.-000072-000072 / 2012

Click here to read/download original judgement

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