SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1988 Supreme(SC) 390

M. N. VENKATACHALIAH, R. S. PATHAK, S. NATARAJAN
Tej Bhan Madan – Appellant
Versus
Additional District Judge – Respondent


Advocates:
B.D.AGRAWAL, K.B.ASTHANA, MANOJ SVARUP, S.K.Bagga

Judgment

VENKATACHALIAH, J. :- This appeal, by special leave, by the tenant arises out of and is directed against the judgment dated 10-7-1980 of the Allahabad High Court in Civil Misc. Writ Petition No. 5661 of 1979 (reported in AIR 1980 All 320) rejecting the appellants challenge to the decrees of ejectment granted in favour of the third respondent-landlord on the ground that there was a denial of the title of the landlord within the meaning, and for purposes, of S. 3(l)(f) of the Uttar Pradesh (Temporary) Control of Rent and Eviction Act, 1947 (Act III of 1947).

The appeal raises a short question whether, in the circumstances of the case, there was a disclaimer on the part of the appellant of the landlords title, so as to incur forfeiture of the tenancy.

2. The necessary and material facts may briefly be stated :

The premises in question, i.e. No. 7/3, Shambhoo Barracks, Allahabad, originally belonged to a certain Shambhoo Lal Jain. Shamboolal died in the year 1943 leaving behind him his widow Rajul Devi; his two sons, Dayachand and Dhoomchand; and a daughter Mainavati. Dayachand, it is stated, went away in adoption to the family of one Banvarilal, a brother of Shamboolal. Pursuant






























Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top