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september 1961

Supreme Court of India · 1961-09-29

UPPALAPATI VEERA VENKATASATYANARAYANARAJU AND, ANOTHER vs JOSYULA HANUMAYAMMA AND ANOTHER. J. C. SHAH

Citation / case number
SC 1958/166
Court
Supreme Court of India
Petitioner
UPPALAPATI VEERA VENKATASATYANARAYANARAJU AND, ANOTHER
Respondent
JOSYULA HANUMAYAMMA AND ANOTHER. J. C. SHAH
Bench
WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that in cases of attornment, if the person to whom attornment is made lacks title, mere paper attornment is insufficient without actual payment of rent. The High Court was justified in directing the first appellate court to reconsider the evidence regarding rent payment, as the first appellate court had not adequately addressed this issue. The judgment emphasized that a tenant's acceptance of a new landlord's claim does not depend solely on future conduct, but actual attornment must be established through rent payment.

UPPALAPATI VEERA VENKATASATYANARAYANARAJU AND, ANOTHER vs JOSYULA HANUMAYAMMA AND ANOTHER. J. C. SHAH · Niyam