Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit for eviction Transfer of Properly Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | MADHYA PRADESH ACCOMMODATION CONTROL ACT, 1961s. 12(1)(c) - Suit for eviction - Tenant denying title of landlord - Held: Under s. 111 (g) of Transfer of Properly Act, lease is determined by forfeiture, if lessee denies lessor's title - Denial of landlord's title or disclaimer of tenancy by tenant is an act which is likely to affect adversely and substantially the interest of landlord -- It is, therefore, covered by s. 12(1)(c) - In the instant case, there are several documents on record relating to ownership of appellant, apart from registered sale deed, yet, respondent refused to acknowledge appellant's title -- He denied it in his evidence - In eviction proceedings the question of title to the properties in question may be incidentally gone into, but cannot be decided finally- s. 116 of Evidence Act is clearly applicable to such a situation - High Court erred in setting aside the concurrent finding of fact recorded by courts below that respondent had denied title of appellant -- Impugned judgment of High Court is set aside and eviction decree passed by trial court and confirmed by first appellate court u/s 12(1)(c) is restored -- Transfer of Properly Act, 1882 - s. 111 (g) - Evidence Act, 1972 - s. 116 G - Appeal.CODE OF CIVIL PROCEDURE, 1908:s.100 - Second appeal - Jurisdiction of High Court -Held: High Court should not interfere with a concurrent finding of fact unless it is perverse. |
Judge | Hon'ble Ms. Justice Ranjana Prakash Desai |
Neutral Citation | 2014 INSC 15 |
Petitioner | Keshar Bai |
Respondent | Chhunulal |
SCR | [2014] 1 S.C.R. 166 |
Judgement Date | 2014-01-07 |
Case Number | 106 |
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