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

1990 Supreme(Bom) 216

A.A.HALBE
Abdul Sattar Khan deceased by L. Rs. Sayeeda Begum w/o Abdul Sattar & others – Appellant
Versus
Abdul Gani Khan s/o. Nawaz Khan – Respondent


JUDGMENT - HALBE A.A., J.:---Three salient questions have been raised in this appeal on behalf of the appellants-defendants and they are that, firstly the Civil Court has no jurisdiction to decide the claim in the suit because that claim relates to eviction of the tenant from the house and plot, the same falls exclusively in the jurisdiction of the Rent Controller under Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1954 (to be referred hereinafter as "Hyderabad Rent Act"), secondly that the so called notice under section 106 of the Transfer of Property Act given by the landlord to the tenant is illegal and invalid and incapable of terminating the tenancy of the tenants and thirdly that the claim for mesne profits allowed by the first Appellate Court is contrary to provisions of law inasmuch as the same was not claimed before the trial Court but for the first time in the first appeal.

2. In order to answer these questions it may not be out of place to traverse through the facts of the case of the landlord against the tenant. This appeal is filed by the tenant who has been aggrieved by the judgment of the trial Court evicting him from the suit premises and the judgment of t


















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