Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent Control and Eviction: Eviction petition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Evidence Act, 1872 (1 of 1872) Tamil Nadu Buildings (lease and Rent Control) Act, 1960 (18 of 1960) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rent Control and Eviction:Eviction petition – Appellant claiming to be tenant ofrespondent on the strength of a Lease Agreement – Respondent landlordlodged complaint with police against appellant allegingthat the Lease Agreement was forged – Pursuant to suit by appellantfor permanent injunction against respondent, compromise enteredinto between parties, before the police – Thereafter eviction petitionby respondent – Rent Controller decreed the eviction petition relyingon compromise decree between the parties – Compromise decreechallenged by the tenant,, in appeal – There was 604 days delay infiling the appeal – Appellate Court condoned the delay – Revisionpetition of respondent al lowed by High Court disallowingcondonation of delay – Review petition dismissed – On appeal, held:Eviction of a tenant cannot be ordered, unless and until groundseeking eviction in terms of the concerned Rent Act is made out,even if parties entered into compromise – Validity on that count caneven be raised in execution – In the present case, the complaintproceeded on the premise that the lease deed was forged and therewas no relationship of landlord-tenant between the parties – Thus,ground under the provision of the Rent Act was not made out – Theassertion of appellants that pressure was exerted through the policeto enter the compromise is prima facie acceptable – Tamil NaduBuildings (Lease and Rent Control) Act, 1960 – s. 10(2)(ii)(a) and10(3)(c) – Compromise. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2018 INSC 709 |
Petitioner | M/s Alagu Pharmacy & Ors. |
Respondent | N. Magudeswari |
SCR | [2018] 9 S.C.R. 1069 |
Judgement Date | 2018-08-14 |
Case Number | 8256-8257 |
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