Case Note & Summary
The appeal arose from an eviction suit filed by the respondents against the appellant. The appellant claimed to be in possession of a room and sought protection from eviction. However, there was confusion as to whether the appellant was 'K. Gupta' or 'Santosh Gupta'. The appeal was filed in the name of 'K. Gupta', but 'Santosh Gupta' claimed to have filed it. During the hearing, the mystery intensified, and the court found that the appellant could not establish his identity or locus standi. The court dismissed the appeal, holding that the appellant failed to prove his right to maintain the appeal.
Headnote
A) Civil Procedure - Locus Standi - Identity of Appellant - The court examined the confusion regarding the identity of the appellant, where two persons 'K. Gupta' and 'Santosh Gupta' claimed to be the appellant. The appeal was filed in the name of 'K. Gupta' but 'Santosh Gupta' claimed to have filed it. The court found that the appellant failed to establish his identity and locus standi to challenge the eviction decree. (Paras 1-2)
Issue of Consideration
Who is the actual appellant and whether the appellant has locus standi to maintain the appeal against the eviction decree.
Final Decision
The appeal is dismissed for lack of locus standi.
Law Points
- Locus standi
- Identity of appellant
- Eviction suit
- Possession
- Mystery
Case Details
2023 LawText (BOM) (10) 71
Appeal from Order No. 181 of 2016 with Civil Application No. 249 of 2016
Ms. Geeta Shastri, i/b. Mr. S. P. Shrivastava for Appellant. Ms. Fereshte Sethna, appointed by Legal Aid for Respondent No. 1
Najma W/o. Ramzanali Rasekhinejad And Ors.
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Nature of Litigation
Appeal against an eviction decree passed by the City Civil Court.
Remedy Sought
The appellant sought protection from eviction from a room in his possession.
Filing Reason
The appellant claimed to be in possession of a room and wanted to challenge the eviction decree.
Previous Decisions
The City Civil Court passed an eviction decree against the appellant.
Issues
Whether the appellant has locus standi to maintain the appeal?
Who is the actual appellant - K. Gupta or Santosh Gupta?
Submissions/Arguments
The appellant argued that he is in possession of the room and entitled to protection from eviction.
The respondents contended that the appellant failed to establish his identity and locus standi.
Ratio Decidendi
The appellant failed to establish his identity and locus standi to maintain the appeal against the eviction decree.
Judgment Excerpts
This appeal is full of several mysteries.
The mysterious journey begins from a confusion as to who exactly is the Appellant
Procedural History
The appeal was filed against an order of the City Civil Court in an eviction suit. The appeal was heard and dismissed on 09 October 2023.
