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Sushil Kumar Dey Biswas v. Anil Kumar Dey Biswas

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 10689 of 2014)Decided 3 Dec 2014
Civil Appeal No. 10689 of 2014
Justice T.S. Thakur · Justice Adarsh Kumar Goel · Justice R. Banumathi

Background

Defendants in a pending eviction suit claimed that the plaintiff forcibly removed them from a shop and first-floor accommodation, including by cutting off their staircase. They sought restoration under the court's inherent powers, but the lower courts rejected the request mainly because it was filed about seven months later. A separate ground-floor room had allegedly been lost much earlier.

Decision Breakdown

The Supreme Court allowed the appeal and ordered restoration of the staircase, first-floor room with bath and privy, and ground-floor shop within six weeks. The eviction suit itself showed that the defendants had occupied those premises when proceedings began, and the delay relied upon did not justify refusing this relief. The disputed room allegedly vacated in 2005 was left to be decided with the suit. The Court did not resolve the parties' competing title or share claims, lifted the stay of the suit and directed an expedited trial; the defendants could seek trial court enforcement if restoration was not carried out.

Lesson Learnt

A person pursuing eviction through court should not use self-help to change possession during the case. Interim restoration can protect the litigation process while leaving ownership and other contested claims for trial.

Official source (sci.gov.in)View Judgment (PDF)

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