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.