Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rules 35(1) and 36 1908- Order 21 Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908-Order 21, Rules 35(1) and 36-Suit-Decree for possession immovable property-Property occupied by sub-tenants- Delivery of possession-Held, decree holder not entitled to demand actual physical possession from sub-tenants by evicting them but entitled to only symbolic possession-Transfer of Property Act, 1882-S.108(h).Plaintiff-appellants owners of certain plot of land created a lease deed in favour of defendant-respondents. Respondents constructed a commercial complex consisting of shops on the leased land which were let out to different tenants, some of whom sub-leased the shops to others. Some of the sub-lessees had further inducted their own tenants. Respondent-principal tenants committed default in payment of premium whereupon plaintiff-appellants filed a suit for recovery of arrears and for eviction. Trial Court decreed the suit and ordered actual delivery of portion of property which were in possession of the respondents and only symbolic possession to the extent occupied by the sub-tenants. However, the Executing Court went beyond the decree and directed some of the subtenants also to hand over actual physical possession of property by dismissing their objection petitions. On revision, High Court held that the decree holders were only entitled to symbolic possession in respect of portion of property owned by sub-tenants without actually evicting them. Hence the present appeals by plaintiff-appellants. |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2002 INSC 57 |
Petitioner | Ratan Lal Jain And Ors. |
Respondent | Uma Shankar Vyas And Ors. |
SCR | [2002] 1 S.C.R. 750 |
Judgement Date | 2002-01-30 |
Case Number | 10235 |
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