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october 1988

Supreme Court of India · 1988-10-14

S.B. ABDUL AZEEZ (BY LRS.) vs M. MANIYAPPA SETTY & ANR.

Citation / case number
SC 1980/63418
Court
Supreme Court of India
Petitioner
S.B. ABDUL AZEEZ (BY LRS.)
Respondent
M. MANIYAPPA SETTY & ANR.
Author
S. NATRAJAN
Bench
S. NATRAJAN

Judgment text excerpt

The Supreme Court held that under Section 3(h) of the Karnataka Rent Control Act, 1961, a usufructuary mortgagee is included in the definition of 'landlord' as they are entitled to receive rent on their own account. The Court affirmed that a usufructuary mortgagee with possession has the same rights as the owner to seek eviction of a tenant under Section 21(1)(h) of the Act. The appeal was dismissed, upholding the lower courts' decisions that the mortgage was valid and the mortgagees were bona fide in their need for the premises.

S.B. ABDUL AZEEZ (BY LRS.) vs M. MANIYAPPA SETTY & ANR. · Niyam