Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1965 - Kera/a Buildings (Lease and Rent Control) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Kerala Buildings (Lease and Rent Control) Act, 1965 - s.11(4J(iii) and (iv) - Eviction sought u/s.11(4)(iii) and s.11(4)(iv) - Rent control court allowed the petition uls.11 (4)(iv) only -Appellant- landlords filed appeals before the First Appellate Authority for seeking eviction u/s.11 (4)(iii) also - Pending these appeals, however, the appellant-landlords took delivery of premises in execution proceedings - Appeals were ultimately allowed - Respondents- tenants filed revision before the High Court - High Court held that once the delivery of the premises had already been taken in execution, no further proceedings for eviction could be pursued on any other ground - On appeal, held: The eviction on the respective grounds under the Act has different ramifications since the grounds are distinct and separate - Therefore, merely because the landlords had taken possession on the basis of an eviction order on one ground that does not mean that the surviving grounds became non-est - High Court did not consider the revision petitions filed by the respondents-tenants on merits on account of the view taken by the High Court - Matter remitted to High Court for fresh consideration. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2017 INSC 290 |
Petitioner | Valiyavalappil Sarojakshan & Ors. |
Respondent | Sumalsankar Gaikevada & Ors. |
SCR | [2017] 2 S.C.R. 943 |
Judgement Date | 2017-03-29 |
Case Number | 6819-6820 |
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