Supreme Court of India · 1991-04-16
EAST INDIA CORPORATION LTD. vs SHREE MEENAKSHI MILLS LTD.
- Citation / case number
- SC 1984/68436
- Court
- Supreme Court of India
- Petitioner
- EAST INDIA CORPORATION LTD.
- Respondent
- SHREE MEENAKSHI MILLS LTD.
- Author
- T.K. THOMMEN
- Bench
- T.K. THOMMEN
Judgment text excerpt
The Supreme Court held that under Section 10 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, the jurisdiction of civil courts is barred in eviction matters unless specific conditions are met, namely, a tenant's bona fide denial of the landlord's title or claim of permanent tenancy. The Court ruled that any decree for eviction not in accordance with the Act is null and void, emphasizing that the Controller's decision on the bona fides of the tenant's claim is crucial before civil court jurisdiction can be invoked. The appeal was allowed, affirming the nullity of the civil court decree due to lack of jurisdiction.