Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Madhya Pradesh Accommodation Control Act 1961 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Madhya Pradesh Accommodation Control Act, 1961:s. 12(3), proviso-Shop-Tenant committing default in payment of rent-Availing benefit of proviso to sub-section (3) of s.12-His heirs who inherited the tenancy again committed default-Suit by landlord for eviction-Decreed--Held, once the father of respondents had availed the benefit of proviso to sub-s. (3) of s.12, the said benefit was not available to respondent-tenants oncommitting a farther default in payment of rent-When the heirs of a tenantacquire benefit under the Act, the same would be subject to such limitation and liability which has been provided under the Act-A successor-in-interestholds his tenancy right subject to rights and obligations of his predecessor-A person by reason of inheritance or assignment does not derive any bettertitle than his predecessor, and thus, the right which the original tenant did notpossess cannot be passed on to his successor. |
Judge | N/A |
Neutral Citation | 2003 INSC 105 |
Petitioner | Imdad Ali |
Respondent | Keshav Chand And Ors. |
SCR | [2003] 2 S.C.R. 259 |
Judgement Date | 2003-02-19 |
Case Number | 13275 |
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