Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent Control and Eviction: Suit for eviction u/ss.12(1)(a) 12(1)(c) 12(1)(e) and 12(1)(m) of MP. Accommodation Control Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rent Control and Eviction: Suit for eviction u/ss.12(1)(a), 12(1)(c), 12(1)(e) and 12(1)(m) of MP. Accommodation Control Act - Tenant-defendant denied relationship of landlord and tenant with the plaintiff and challenged derivative title of the plaintiff - Suit dismissed on the ground that there was no landlord tenant relationship between the plaintiff and defendant - The order upheld in first and second appeal - On appeal, held: Though the tenant is entitled to challenge the derivative title of the land-lord in an action brought by the assignee/vendee against the tenant, but once the assignee/vendee proves his title to the demised property, the original tenancy devolves on the assignee/ vendee and the assigneelvendee acquires the status of new land- lord - In the present case, the plaintiff has proved her title to the suit property as well as the relationship of landlord and tenant with the defendant - Matter is remanded to the trial court for deciding the suit afresh on merits - Cost of Rs.50001- imposed - Madhya Pradesh Accommodation Control Act, 1961 - ss. 12(1)(a), 12(1)(c), 12(1)(e) and 12(1)(111). |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2016 INSC 1073 |
Petitioner | Bismillah Be (dead) By Lrs. |
Respondent | Majeed Shah |
SCR | [2016] 8 S.C.R. 719 |
Judgement Date | 2016-11-29 |
Case Number | 11865-11866 |
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