Supreme Court of India · 1967-12-07
KONCHADA RAMAMURTHY SUBUDHI & ANR. vs GOPINATH NAIK
- Citation / case number
- SC 1965/155
- Court
- Supreme Court of India
- Petitioner
- KONCHADA RAMAMURTHY SUBUDHI & ANR.
- Respondent
- GOPINATH NAIK
- Bench
- SIKRI, S.M.
Judgment text excerpt
The Supreme Court held that the compromise decree between the parties did not create a landlord-tenant relationship but rather a licence, despite the use of the term 'rent'. The court emphasized that the intention of the parties, which is the decisive test, indicated that the respondent was not entitled to protection from eviction under the Orissa House-Rent Control Act, 1958. The appeal was allowed, reversing the High Court's decision and affirming the trial court's dismissal of the respondent's claim.