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september 1987

Supreme Court of India · 1987-09-15

D. SATYANARAYANA vs P. JAGADISH

Citation / case number
SC 1987/71212
Court
Supreme Court of India
Petitioner
D. SATYANARAYANA
Respondent
P. JAGADISH
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court held that under Section 10(2)(i) and (vi) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960, an order of eviction cannot be made without a finding that the dispute regarding title is not bona fide. The Court found that the appellant was not in arrears of rent as he had been paying the head lessor, thus rendering the eviction order unsustainable. Additionally, the Court clarified the application of Section 116 of the Evidence Act regarding estoppel, stating that a tenant cannot deny the landlord's title during the tenancy unless possession is surrendered.

D. SATYANARAYANA vs P. JAGADISH · Niyam