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M.B.SHAH, D.P.MOHAPATRA
Shamim Akhtar – Appellant
Versus
Iqbal Ahmad – Respondent
The provided document indicates that the Supreme Court of India delivered a judgment on October 18, 2000, in the case of Shamim Akhtar v. Iqbal Ahmad & Anr. The Supreme Court upheld the judgment of the lower appellate court and confirmed the decree for eviction. The order of the Supreme Court set aside the High Court's decision and affirmed the trial court's order, effectively concluding the matter at that time.
There is no indication within the provided document that this ruling has been subsequently overruled or modified by the Supreme Court. Given the date of the judgment and the absence of any later references or modifications noted in the document, it can be inferred that the ruling remains in force unless there has been a more recent development not captured here.
Therefore, based on the provided information, the ruling appears to still be valid and continues to be the operative legal position regarding this case.
JUDGMENT
D.P. Mohapatra, J.-Leave granted.
2. The controversy raised in this case relates to eviction of the tenant from the premises described as House No. CK 48/200, Mohalla Harsha, Varanasi. The appellant claiming to be the landlady of the said house filed a petition under Section 20 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act ), for eviction of respondent No. 1 tenant from the house. The proceeding was registered as suit No. 457/80 in the Court of the Addl. Judge, Small Causes Court at Varanasi. In the petition, eviction of the tenant was sought on the ground that he had denied the title of the landlady and had defaulted in payment of rent. The appellant also sought recovery of arrears of rent from 18.10.1979 to 11.11.1980. Tracing her interest in the house in question the appellant stated that the house was initially owned by Fakia Bibi @ Fatti Bibi who made a gift (hiba) of the property to her sole surviving daughter Khairunnisa Bibi @ Kunno Bibi who was then living with her. Fakia Bibi s son Mohd. Ibrahim was permanently residing at Calcutta and her other children had died by then. After making
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