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SUPREME COURT OF INDIA
KURIAN JOSEPH, ROHINTON FALI NARIMAN, JJ.
Girish S/o Dharmavir Madan Through its GPA – Appellant
Versus
Nandkumar S/o Shankarrao Rasne & Ors. – Respondents
Civil Appeal Nos. 7313-7314 of 2016 [@ Special Leave Petition(C) No. 3250-3251 of 2016]
Decided On : 05-08-2016
Eviction Proceedings - Property Share Identification - The court directed the trial court to appoint a Court Commissioner to identify the respective shares of the property as per the preliminary decree, and ordered the eviction proceedings to be kept in abeyance until the identification process is completed.
Fact of the Case:
The appellant argued that the eviction proceedings should not proceed until his share of the property is identified as per the preliminary decree.
Finding of the Court:
The court disposed of the appeals with a direction to appoint a Court Commissioner to identify the respective shares of the property and ordered the eviction proceedings to be kept in abeyance until the identification process is completed.
Issues: Eviction proceedings, identification of property shares
Ratio Decidendi: The court emphasized the need to identify the respective shares of the property as per the preliminary decree before proceeding with the eviction proceedings.
Final Decision: The court directed the trial court to appoint a Court Commissioner to identify the respective shares of the property and ordered the eviction proceedings to be kept in abeyance until the identification process is completed.
JUDGMENT :
Kurian, J.
1. Leave granted.
2. The only submission of the appellant is that unless his 3/7th share of the property is identified as per the preliminary decree dated 06.12.2004, the eviction proceedings at the instance of the first respondent may not be proceeded with.
3. Therefore, these appeals are disposed of with a direction to the trial court to take steps to appoint the Court Commissioner in the final decree proceedings so as to identify the respective shares. The process of identification of the respective shares shall be completed within a period of two months from the date of production of a copy of this Judgment by either party before the trial court. Till such time, the eviction proceedings as against the appellant shall be kept in abeyance.
4. However, by way of abundant caution, it is made clear that the special leave petition filed against the Judgment in Second Appeal No. 611 of 2010 shall have no bearing on the eviction proceedings.
No costs.
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