IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE 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, 1954.   

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/-

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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 Court.

The civil appeals are, accordingly, allowed.

No order as to costs.

......................J.       [MARKANDEY KATJU]

......................J.       [B. SUDERSHAN REDDY]

New Delhi, February 18, 2009.