Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Illegal Possession - Respondent no. l filed suit for possession of property contending that he was a tenant under respondent no.21 Punjab Wakf board |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Possession: Illegal Possession - Respondent no. l filed suit for possession of property contending that he was a tenant under respondent no.21 Punjab Wakf board - Case of respondent no.1 that few months after he became tenant, communal riots broke out and his family was forced to shift to another village and he too was out of station and that taking advantage of his absence, the appellants took illegal possession of the suit property - Plea of appellants nos. 1 & 2 that they took possession from one 'S' and respondent no.2 had also accepted appellants as its tenants - Courts below held that the suit property was never allotted to 'S' and appellants had failed to establish their possession over the suit property as the tenant - Suit was decreed in favour of respondent no.1 - On appeal, held: Respondent no.1 has produced receipts regarding payment of rent to re~pondent no.2 - On the other hand, receipts placed on record by the appellants related to a different property and were not connected to the suit property in question - Appellant accordingly has no right to claim the suit property - Therefore, appellants directed to vacate the suit premises within stipulated time frame. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2016 INSC 1087 |
Petitioner | Kundan Lal & Anr. |
Respondent | Kamruddin & Anr. |
SCR | [2016] 11 S.C.R. 99 |
Judgement Date | 2016-12-01 |
Case Number | 6671 |
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