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february 1994

Supreme Court of India · 1994-02-09

CHHAVI MEHROTRA vs D.G.HEALTH SERVICES

Citation / case number
SC 1993/201533
Court
Supreme Court of India
Petitioner
CHHAVI MEHROTRA
Respondent
D.G.HEALTH SERVICES
Author
M.N.() VENKATACHALLIAH
Bench
M.N.(CJ) VENKATACHALLIAH

Judgment text excerpt

The Supreme Court held that the status of a bona fide transferee is not equivalent to that of a bona fide purchaser at an auction sale, as the former derives possession from the decreeholder-landlord. The Court distinguished the rights of a tenant from those of a stranger auction-purchaser, emphasizing that a tenant's rights are contingent upon the landlord's decree. The Court overturned the Delhi High Court's ruling that favored the bona fide transferee, thereby reinstating the original tenant's right to possession under Section 144 of the Code of Civil Procedure.

CHHAVI MEHROTRA vs D.G.HEALTH SERVICES · Niyam