Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent and Eviction) Control Act Andhra Pradesh Buildings (Lease I 960: S.10 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960: S.10-Shop-Eviction of tenant-Original landlady gave shop on rent to appellant-Landlady permitted appellant to carry on partnership business in the premises-Premises sold-Original landlady attorning the tenancy of the firm-Firm paying rent to purchasers-Later purchasers filing eviction petition against appellant-Appellant contesting the petition on the ground-that he was not the tenant and since the firm was tenant; petition was not maintainable-Principal Rent Controller dismissing eviction petition-Held, by conduct of parties, firm had already become tenant of the premises before its purchase-After purchase of the premises, the purchasers continued to receive rent from the firm and issued receipts in its favour-Eviction petition against appellant was not maintainable. S.22-Revision-Power of High Court-Held, power of High Court u/ s 22 is wider than the power u/s 115, CPC-But powers of revisional court cannot be equated with power of appellate court-Situations wherein interference by High Court with finding of act would be justified, explained in the instant case the appellate authority, after exhaustive consideration has rightly confirmed finding recorded by Principal Rent Controller that the firm, and not the appellant, was tenant of premises, which finding did not warrant interference by High Court-Order of High Court set aside-Eviction petition dismissed. |
Judge | N/A |
Neutral Citation | 2002 INSC 110 |
Petitioner | Harshavardhan Chokkani |
Respondent | Bhupendra N. Patel And Ors. |
SCR | [2002] 2 S.C.R. 133 |
Judgement Date | 2002-02-28 |
Case Number | 6846 |
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