Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Assam Urban Areas Rent Control Act 1972: s.2(c |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Assam Urban Areas Rent Control Act, 1972: s.2(c) — Eviction Suit — Claim of plaintiff-appellant that he became owner of the tenanted property by virtue of exchange deeds executed by his brother who was the original owner — Dismissal of eviction suit on the ground that the appellant was not landlord of the suit property — Held: There was evidence to show that respondent-tenant on many occasions went to appellant to receive rent — Respondent was paying electricity and other charges of the tenanted premises to the appellant —- The ownership of the appellant by virtue of exchange deed was neither denied nor disputed by respondent-tenant — Appellant ‘entitled to evict the tenant — Transfer of Property Act, 1882 — s. 109 — Rent control and eviction. Transfer of Property Act, 1882: s.109 — Held: Transferee of the landlord's rights steps into the shoes of the landlord with all the rights and liabilities of the transferor landlord in respect of the subsisting tenancy — s.109 does not require that the transfer of the right of the landlord can take effect only if the tenant attorns to him — Attornment by the tenant is not necessary to confer validity of the transfer of landlora’s right. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2015 INSC 299 |
Petitioner | Dr. Ambica Prasad |
Respondent | Md. Alam And Another |
SCR | [2015] 4 S.C.R. 93 |
Judgement Date | 2015-04-08 |
Case Number | 3391 |
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