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2004 Supreme(Bom) 843
Bombay High Court
Brijlal Mohanlal Rathi and Ors.
vs
Dayalgir Doulatgir Giri
Appellants : Brijlal Mohanlal Rathi and Ors.
Respondents: Dayalgir Doulatgir Giri
Judgment Date: 22, June, 2004
Citations: 2004-MhLJ-4-526
Judges:A.H. Joshi, J.
Headnote:Civil Procedure Code, 1908 - Section 99 - in a suit filed for possession of open land and adjoining land encroached upon - question of misjoinder of causes not raised and pressed in trial court - determination of this question any way would not affect the merit of the case.
Transfer of Property Act, 1882 - Section 106 - notice terminating lease can be issued by karta of an HUF - karta was right in his demand for possession on the day on which lease ceased to exist - no irregularity in the notice. AIR 1982 BOM 282; AIR 1977 SC 1599; AIR 1976 SC 2335 - Relied upon.
1. Instant second appeal, therefore, succeeds as the questions of law are being answered in favour of the plaintiffs that the judgment and decree passed by the appellate Court is liable to be reversed and is accordingly set aside and the decree passed by the trial Court is restored with costs throughout.
