Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Licence Suit for possession |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Leave and licence:Licence - Suit for possession stating that defendants- respondents were gratuitous licensees - Alternative plea of eviction on ground of bona fide need - Held: Alternative plea would be redundant if plaintiff's case of defendants being gratuitous licensees was accepted by court - First appellate court accepted plaintiff's case that defendants were in occupation as licensees and not as tenants - High Court has not set aside that finding of fact on its merits and dismissed the suit simply because the plea of tenancy was, in its opinion, contradictory to the plea of licence set up in earlier part of plaint - That was not a proper approach or course to follow - Judgment of High Court set aside and that of first appellate court restored.PRACTICE AND PROCEDURE:Plea of termination of licence and alternatively eviction on ground of bona fide need - Held: Plaintiff-appellant had set up a specific case that defendants were occupying the suit premises as licensees and licence had been validly terminated - In reply to the notice, case of defendants was that they were in occupation of suit premises not as licensees but as tenants - Plaintiff was, therefore, entitled on that basis alone to ask for an alternative relief of a decree for eviction on grounds permissible under Rent Act. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2014 INSC 3 |
Petitioner | Praful Manohar Rele |
Respondent | Smt. Krishnabai Narayan Ghosalkar & Ors. |
SCR | [2014] 1 S.C.R. 44 |
Judgement Date | 2014-01-03 |
Case Number | 50 |
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