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february 1998

Supreme Court of India · 1998-02-20

K N KARTHIKEYAN vs M N SREENIVASAN

Citation / case number
SC 1997/12926
Court
Supreme Court of India
Petitioner
K N KARTHIKEYAN
Respondent
M N SREENIVASAN
Author
NANAVATI
Bench
SYED SHAH MOHAMMED QUADRI G.T. NANAVATI

Judgment text excerpt

The Supreme Court held that the landlord's eviction decree was valid as the tenant's objections regarding the lack of a valid permit for reconstruction were not permissible in execution proceedings. The Court emphasized that the Appellate Authority exceeded its jurisdiction by questioning the validity of the landlord's permit after the eviction order had already established the landlord's bona fide requirement. The Court clarified that the executing court was only required to verify the existence of the permit, not its legality, thus upholding the landlord's right to possession.

K N KARTHIKEYAN vs M N SREENIVASAN · Niyam