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When No Prayer is Not Made Against a Particular Defendant, No Relief Can Be Given 2011 SC

When No Prayer is Not Made Against a Particular Defendant, No Relief Can Be Given 2011 SC

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Supreme Court of India in DR. SHEHLA BURNEY & ORS Vs. SYED ALI MOSSA RAZA (DEAD) BY LRS.& ORS. Coram of Justice : G.S. SINGHVI, Justice : ASOK KUMAR GANGULY the relief of possession could not be granted against the 2nd defendant as it was neither pleaded nor prayed for – Granting relief that was not prayed for goes to the root of the matter and could be raised for the first time before the Supreme Court – Appeal was allowed, decree passed by the High Court was set aside and that of the trial Court was confirmed.
Supreme Court of India in DR. SHEHLA BURNEY & ORS Vs. SYED ALI MOSSA RAZA (DEAD) BY LRS.& ORS. Coram of Justice : G.S. SINGHVI, Justice : ASOK KUMAR GANGULY the relief of possession could not be granted against the 2nd defendant as it was neither pleaded nor prayed for – Granting relief that was not prayed for goes to the root of the matter and could be raised for the first time before the Supreme Court – Appeal was allowed, decree passed by the High Court was set aside and that of the trial Court was confirmed.

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12/03/2011

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REPORTABLE
IN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.6409 OF 2002
Dr. Shehla Burney and others ..Appellant(s)
- Versus -
Syed Ali Mossa Raza (Dead) by Lrs. & Ors...Respondent(s)
J U D G M E N T
GANGULY, J.
1.
This appeal is from a judgment dated 3
rd
April2002 by the High Court of Andhra Pradesh in aFirst Appeal. The material facts of the case, asappear from the records, are discussedhereinbelow.
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2.
As asserted by the appellants, the suit land(Original Suit No.164/76) falls under SurveyNo.129/64. The respondents No.1, 2 and 3 were theoriginal plaintiffs and according to them thesuit land falls in Survey No.129/55. Theappellants herein are the legal heirs of originaldefendant No.2. The respondents 4/1 and 4/2 arethe legal heirs of original defendant No.1.Respondents 1, 2 and 3, as noted above, are theoriginal plaintiffs. The case of the appellantsis that the suit land belonged to one Dr. ZafarHussain who transferred the same to one SajidHassan by a registered sale deed dated 20.1.1950.Thereupon, Sajid Hassan sold on or about22.7.1963 the said land to Razia Begum, thepredecessor-in-title of original defendant no.1by a registered sale deed for a totalconsideration of Rs.6000/-. Razia Begum remainedin uninterrupted and peaceful possession of thesaid property from the date of her purchase. Onor about 11.08.1963 Razia Begum obtained house
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construction loan from the Housing CooperativeSociety, Mellapelly Limited and thereafterpermission for construction was accorded on orabout 18.02.1964 by the Hyderabad MunicipalCorporation. The original defendant no.1 was inpossession and enjoyment of the property till itwas transferred on 20.6.1973 to one Lateef HassanBurney, the predecessor-in-title of theappellants (original defendant No.2) as thenominee of the defendant no.1 in terms of therules of the Housing Society. Then, on 4.12.1975,the original suit (O.S.164 of 1976), out of whichthis proceeding arises, was instituted in theCourt of the 4
th
Additional Judge, City CivilCourt, Hyderabad by the plaintiffs against RaziaBegum alleging that the plaintiffs’ father SaiyedShah Abdul Khader was the Pattedar and Landlordof land bearing Survey No.129/55 (old), NewSurvey No.165 admeasuring 3 Acres and 26 guntassituated at Kachcha Tattikhana Sivar villageShaikpet and the then Taluk West, now Hyderabad
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