MEHAR CHAND DAS vs LAL BABU SIDDIQUE . — C.A. No. 6413/2000
Case under Section XVI. Status: Disposed.
CNR: SCIN010015672000
Filing Date
25-Jan-2000
Registration No
C.A. No. 6413/2000
Diary Number
1567/2000
Order Date
17-Jan-2007
Document Type
Judgment - of Main Case
Disposal Type
Allowed
Last updated 30-May-2026
Acts & Sections
Petitioner(s)
-
1.MEHAR CHAND DAS
Adv. KUMUD LATA DAS
Respondent(s)
-
1.LAL BABU SIDDIQUE .
Adv. NAVIN PRAKASH
Case History
The Supreme Court allowed the appeal by Mehar Chand Das (the tenant-appellant), setting aside the High Court's decree that had favored the landlord-respondents. The Court held that the suit for mere declaration to set aside the Parcha (homestead grant) was not maintainable under Section 34 of the Specific Relief Act because the tenant was in actual possession and the landlords could have sought consequential relief. Additionally, the Court found the suit was barred under Section 18 of the Bihar Privileged Persons Homestead Tenancy Act, 1947, and the Collector was a necessary party whose absence rendered the decree invalid. This case analysis is maintained by casestatus.in based on publicly available court records.
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