NDLI: Thankamony Amma & Ors. Vs. Omana Amma N. & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Kerala Buildings (Lease and Rent Control) Act Jurisdiction 1965 s.20 Rent Control and Eviction Revision
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Kerala Buildings (lease and Rent Control) Act, 1965 (2 of 1965)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Kerala Buildings (Lease and Rent Control) Act, 1965: s.20 – Revision – The predecessor of the respondents was conducting the management of the theatre on the piece of land owned by his fatherin-law – On the death of father-in-law (original owner), son of original owner (pre-decessor of the appellants) raised a claim that he was entitled to the rights and interest in the said theatre by virtue of a will executed by his father – Predecessor of the respondents initiated proceedings before Land Tribunal on the ground that he was cultivating tenant and as such entitled to protection under Kerala Land Reform Act, 1963 which ground was rejected and it was held that the rent property belonged to the son of the original owner – In 1982, pre-decessor of the respondents died and respondents succeeded to his interest – In 2009, appellant filed eviction suit against respondents on the ground of non-payment of rent – Rent Control Court allowed eviction petition relying upon the order passed by Land Tribunal – Appellate authority upheld the order of Rent Control Court – Respondents filed revision before High Court under s.20 of Rent Control Act, 1965 – High Court allowed the revision petition holding that there was no material to arrive at a finding that there was any landlord-tenant relationship between the parties – On appeal, held: It is a matter of record that in proceedings initiated before the Land Tribunal, predecessor of the respondents had taken plea that he was a tenant in respect of the suit property – While rejecting the said plea, the Land Tribunal had relied upon the accounts maintained by original owner in his own hand-writing which showed that his son-in-law was only a manager – Revisional Court cannot have jurisdiction to re-appreciate the evidence and substitute its own finding upsetting the finding arrived at by the appellate authority – The findings rendered by the courts below were well supported by evidence on record and could not even be said to be perverse in any way – High Court could not have reappreciated the evidence and the concurrent findings rendered by the courts below ought not to have been interfered with by the High Court while exercising revisional jurisdiction – Impugned order is set aside and decree of eviction is restored – Kerala Land Reforms Act, 1963 – Rent Control and Eviction – Jurisdiction – Revision.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2019 INSC 896
Petitioner	Thankamony Amma & Ors.
Respondent	Omana Amma N. & Ors.
SCR	[2019] 10 S.C.R. 125
Judgement Date	2019-08-13
Case Number	6147

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Thankamony Amma & Ors. Vs. Omana Amma N. & Ors.

Please Log-in to view this content

P. Kesavan(dead) Through Lrs. Vs. Ammukutty Amma & Ors.

Chinnamma Vs. Gopalan and Ors.

Hari Rao Vs. N. Govindachari and Ors.

Harshavardhan Chokkani Vs. Bhupendra N. Patel and Ors.

Sj. Ebenezer Vs. Velayudhan and Ors.

M/s Alagu Pharmacy & Ors. Vs. N. Magudeswari

K. Lubna & Ors. Vs. Beevi & Ors.

Davis Vs. Sebastian

Savitri Sahay Vs. Sachianand Prasad

Thankamony Amma & Ors. Vs. Omana Amma N. & Ors.

Thankamony Amma & Ors. Vs. Omana Amma N. & Ors.

Please Log-in to view this content

Similar Documents

P. Kesavan(dead) Through Lrs. Vs. Ammukutty Amma & Ors.

Chinnamma Vs. Gopalan and Ors.

Hari Rao Vs. N. Govindachari and Ors.

Harshavardhan Chokkani Vs. Bhupendra N. Patel and Ors.

Sj. Ebenezer Vs. Velayudhan and Ors.

M/s Alagu Pharmacy & Ors. Vs. N. Magudeswari

K. Lubna & Ors. Vs. Beevi & Ors.

Davis Vs. Sebastian

Savitri Sahay Vs. Sachianand Prasad

Thankamony Amma & Ors. Vs. Omana Amma N. & Ors.