SADASHIV SHYAMA SAWANT Vs. ANITA ANANT SAWANT

JUDGEMENT

(1.) Leave granted.

(2.) The main question for consideration in this appeal by special leave is: where a tenant in exclusive possession is dispossessed forcibly by a person other than landlord, can landlord maintain suit under Section 6 of Specific Relief Act, 1963 against such person for immediate possession. The incidental question is, whether tenant is a necessary party in such suit.

(3.) Smt. Anita Anant Sawant - the sole respondent filed a suit for possession under Section 6 of the Specific Relief Act, 1963 (for short 'the Act') in respect of portion of property being Gram Panchayat House No. 97 situated on land bearing Gat No. 1, Hissa No. 61, Village Ambet, Taluka Mahasala, District Raigad, against the appellants and their predecessors-in-title (hereinafter referred to as 'the contesting defendants') and one Smt. Nanibai Shankar Sawant, since deceased, (hereinafter referred to as 'defendant no. 4'). The plaintiff averred in the plaint that she purchased the entire house No. 97 from defendant no. 4 by registered sale deed on October 1, 1981. At the time of purchase, part of house No. 97 was in possession of Pandurang Vichare who vacated that portion and she came into possession of entire house. Later on, she let out southern side one room along with hall adjacent to Padavi and northern side room of hall (for short 'suit property') to one P.V. Warik. On October 1, 1988, the contesting defendants forcibly dispossessed the tenant - P.V. Warik, threw away his articles and took possession of the suit property. The plaintiff, thus, prayed for recovery of possession of the suit property of which her tenant was forcibly dispossessed. The contesting defendants filed written statement and traversed plaintiff's claim by stating that suit property was joint family property and defendant no. 4 had no authority to sell the said house to the plaintiff. The contesting defendants, thus, claimed that they were co-owners and in possession of the entire house No. 97. Defendant No. 4 set up the plea that no consideration was paid to her for the sale of house No. 97 and that sale deed was obtained by fraud. It transpires, on the basis of the pleadings of the parties, the trial court framed as many as six issues, including that of title to property although such issue was unnecessary. The trial court, after recording the evidence and hearing the parties, held that plaintiff was able to prove her dispossession on October 1, 1988 by the contesting defendants from the suit property and that she could maintain the suit under Section 6 of the Act against the contesting defendants as she was in possession through a tenant over the suit property. The trial court, accordingly, vide its judgment and decree dated July 31, 2001, directed the contesting defendants to handover the possession of the suit property to the plaintiff.