LAWS(SC)-2009-2-77

SALEHA BEGUM Vs. MEHMOOD YAR KHAN

Decided On February 18, 2009
SALEHA BEGUM Appellant
V/S
Mehmood Yar Khan Respondents

JUDGEMENT

(1.) HEARD Ms. Indu Malhotra, learned senior counsel, instructed by Ms. Madhu Moolchandani, learned advocate for the appellant. None appears for the respondents although notice has been served.

(2.) THE appellant filed a suit against the respondents for declaration of ownership and consequential relief of possession was also claimed. Both the Trial Court as well as the First Appellate Court found that the appellant is the owner of the property in dispute. When the matter went up to the High Court, without even framing any question of law, it held that the civil court did not have jurisdiction as the matter was covered by the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954.

(3.) THE civil appeals are, accordingly, allowed.