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december 1976

Supreme Court of India · 1976-12-17

LAL CHAND (DEAD) BY L.RS. & ORS. vs RADHA KISHAN

Citation / case number
SC 1975/60637
Court
Supreme Court of India
Petitioner
LAL CHAND (DEAD) BY L.RS. & ORS.
Respondent
RADHA KISHAN
Author
Y.V. CHANDRACHUD
Bench
Y.V. CHANDRACHUD

Judgment text excerpt

The Supreme Court held that the High Court erred in dismissing the appeal on the grounds that Lal Chand's death extinguished the cause of action. The Court emphasized that Kesho Ram and Jhangi Ram, who were also parties to the original suit, had a substantial interest in the appeal, thereby entitling them to pursue it despite Lal Chand's demise. The judgment clarified that the ejectment decree did not solely rest on the alleged subletting by Lal Chand, thus allowing the appeal and reinstating the rights of the other appellants under the Slum Areas (Improvement and Clearance) Act, 1956.

LAL CHAND (DEAD) BY L.RS. & ORS. vs RADHA KISHAN · Niyam