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2012 Supreme(SC) 560

P.SATHASIVAM, RANJAN GOGOI
I. T. C. LIMITED – Appellant
Versus
ADARSH COOP. HOUSING SOC. LTD. – Respondent


JUDGMENT

Ranjan Gogoi, J.-Leave granted.

2. A simple issue with regard to possession of either of the parties to this over two decade long litigation has come to the last court at the instance of the defendant in a suit under Section 6 of the Specific Relief Act, 1963. Notwithstanding the clear intent of the legislature to provide a summary remedy to a person illegally dispossessed of immovable property, the defendant has been persistent in its challenge to the decree passed against it. The learned trial court; thereafter the revisional court, i.e. court of the learned District Judge and lastly the Allahabad High Court have consistently held that possession of the disputed property on relevant date was with the plaintiff from which he was unlawfully dispossessed by the defendant, i.e. the petitioner herein. The unwavering view of the courts at all the three tiers of our hierarchical justice delivery system have not deterred the defendant to challenge the same by means of the present approach.

3. The facts in brief, may now be noticed:

The respondent - plaintiff had filed suit No. 72 of 1989 in the court of Civil Judge, Agra, under Section 6 of the Specific Relief Act, 1963, (herei












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