Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Telangana Housing Board Act 1956 – Allotment of House – Rental basis – |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Telangana Housing Board Act, 1956 – Allotment of House – Rental basis – Discrepancy in Name – Appellant’s grandfather was allotted a house by the then Andhra Pradesh Housing Board in 1968 on rental basis – After his death, father of appellant gave a representation seeking transfer of the allotment in his name – At the time when the allotment was transferred, a small discrepancy happened that his father wrote his grandfather’s name – After his father’s death, the appellant applied for the transfer of the house in his name – It was rejected, on account of the discrepancies in the name of the appellant’s grandfather – Writ petition – The Single Judge while allowing the writ petition found that after having entered into a hire purchase agreement with the appellant’s father way back in October, 1978 and after having received all the instalments due from him fully, it was not proper on the part of the Housing Board to take advantage of the illiteracy of the father and grandfather of the appellant – The Division Bench reversed the judgment on the ground that the discrepancy was sufficient justification for the Housing Board to conclude that a fraud was being played upon them – On appeal, held: Right from the year 1968, the house was in the possession and enjoyment of the appellant’s family – In the year 1968, there was a discrepancy regarding the initial in name – After his grandfather’s death in 1969, the Housing Board accepted appellant’s father as his son and entered into a tenancy agreement – Appellant’s father completed all his obligations under the leasecum-sale agreement and also died in 1992 – No dispute was raised by the Housing Board for a more than 2 decades – Therefore, to take advantage of the discrepancies with which the Housing Board and the original allottee and his legal heirs having co-existed for 5 decades, is completely unfair – Unfortunately, the Division Bench treated even a man who was dead 30 years ago as having perpetrated fraud, by a skewed logic – The judgment of the Division Bench is set aside and the judgment of the Single Judge of the High Court is restored. |
Judge | Hon'ble Mr. Justice V. Ramasubramanian |
Neutral Citation | 2022 INSC 1300 |
Petitioner | A. Venugopal |
Respondent | Telangana Housing Board & Anr. |
SCR | [2022] 4 S.C.R. 1056 |
Judgement Date | 2022-04-04 |
Case Number | 2703 |
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