Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1961-Section 12 (/) (c MP. Accommodation Control Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Rent Control and Eviction: M.P. Accommodation Control Act, 1961-Section 12 (1) (c)-Eviction--What is denial of landlord's title or disclaimer of tenancy by tenant and its effect on right of landlords to evict tenant-Held, such denial is an act which is likely to affect adversely and substantially the interest of landlord-Thus is ground of eviction-For such denial tenant should have renounced his character as tenant and in clear and unequivocal terms set up title of landlords in himself or in a third party-Tenant bonafide to call upon landlord to prove his ownership to protect himself from eviction but without disowning his character of possession over tenancy premises as tenant-This intention of tenant is to be gathered from the nature of plea-In the instant case, plea raised by the tenant in written statement is not clear and unequivocal denial of title of landlord, thus tenant not liable to be evicted under Section 12 (1)(c). |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2002 INSC 116 |
Petitioner | Sheela And Ors. |
Respondent | Firm Prahlad Rai Prem Prakash |
SCR | [2002] 2 S.C.R. 177 |
Judgement Date | 2002-03-04 |
Case Number | 3965 |
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