Supreme Court of India · 1960-09-08
B. V. PATANKAR AND OTHERS vs C. G. SASTRY
- Citation / case number
- SC 1955/3
- Court
- Supreme Court of India
- Petitioner
- B. V. PATANKAR AND OTHERS
- Respondent
- C. G. SASTRY
- Author
- SINHA, BHUVNESHWAR P.(),KAPURL.,GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.
- Bench
- SINHA, BHUVNESHWAR P.(CJ),KAPUR, J.L.,GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.
Judgment text excerpt
The Supreme Court held that the Mysore House Rent and Accommodation Control Order, 1948, was in force at the time of eviction and provided restrictions against tenant eviction under Sections 9 and 16. The Court ruled that the Transfer of Property Act, 1882, was not applicable until its extension on October 1, 1951, thus the House Control Order was not repugnant to it. The Court upheld the High Court's decision that the Executing Court lacked jurisdiction to order eviction, leading to the dismissal of the appellants' appeal.