Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Issue for consideration:Dispute inter alia over retention of possession and tenancy rightof predecessor of the petitioners in respect of second scheduledproperty (measurement of which was disputed in the suit filed bythe predecessor of the respondents), as described in his plaint.Suit – As regards the second scheduled property, the case ofthe petitioners is that it was rented out to their predecessorby its owner ‘AB’ – ‘AB’ had conveyed this property to thepredecessor of the respondents through another deed –Predecessor of the petitioners sought declaration of title tothe first scheduled land and permanent injunction restrainingthe defendants from disturbing his peaceful possession overthe second scheduled property – In the suit instituted by thepredecessor of the respondents, mandatory injunction wassought seeking removal of petitioner’s predecessor alongwith another person from the properties specified – Disputeover dimension of the second scheduled property – Validity ofnotice u/s.106, Transfer of Property Act – Petitioners if entitledto protection of the Tamil Nadu City Tenants Protection Act:Held: The second scheduled property in the plaint filed by thepredecessor of the respondents showing measurement of 15 feet(east-west) and 18 feet (north-south) is the correct measurementthereof– No reason not to accept this measurement – Further, onthe question of validity of notice u/s.106, 1882 Act and whetherthe petitioners were entitled to protection of the Tamil Nadu CityTenants Protection Act or not, the High Court found both the pointsin favour of the predecessor of the respondents – No reason tointerfere with the finding returned by the High Court – In substance,it retained the decision of the Trial Court in the suit filed by thepredecessor of the petitioners in relation to second scheduledproperty – Transfer of Property Act, 1882 – s.106 – Tamil NaduCity Tenants Protection Act, 1921. [Paras 7 and 8] |
Judge | Hon'ble Mr. Justice Aniruddha Bose |
Neutral Citation | 2023 INSC 969 |
Petitioner | Mohideen Abdul Khadar (dead)through Lrs. |
Respondent | Rahmath Beevi (d) Thr. Her Lrs. And Ors. |
SCR | [2023] 14 S.C.R. 164 |
Judgement Date | 2023-11-01 |
Case Number | 24748-24749 |
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