Saleha Begum Vs.
Mehmod Yar Khan and Ors.  INSC 348 (17 February 2009)
JURISDICTION CIVIL APPEAL NOS.14724-14726 OF 1996 Saleha Begum ...Appellant(s)
Versus Mehmood Yar Khan and Ors. ...Respondent(s)
O R D E R
Heard Ms. Indu
Malhotra, learned senior counsel, instructed by Ms. Madhu Moolchandani, learned
advocate for the appellant.
None appears for the
respondents although notice has been served.
The appellant filed a
suit against the respondents for declaration of ownership and consequential
relief of possession was also claimed. Both the Trial Court as well as the
First Appellate Court found that the appellant is the owner of the property in
dispute. When the matter went up to the High Court, without even framing any question
of law, it held that the civil court did not have jurisdiction as the matter
was covered by the Hyderabad Houses (Rent, Eviction and Lease) Control Act,
In our opinion, there
was no substantial question of law which warranted entertainment of the second
appeal by the High Court. In fact, the High Court did not even say that
....2/- -2- there was any substantial question of law in the second appeal. In
the circumstances, we set aside the impugned judgement of the High Court and
restore the decree and judgements of the Trial Court and the First Appellate
The civil appeals
are, accordingly, allowed.
No order as to costs.
[B. SUDERSHAN REDDY]