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april 2002

Supreme Court of India · 2002-04-09

Shyam Lal vs Rasool Ahmed (Dead) By Lrs.

Citation / case number
AIRONLINE 2002 SC 201
Court
Supreme Court of India
Petitioner
Shyam Lal
Respondent
Rasool Ahmed (Dead) By Lrs.
Bench
R.C. Lahoti, B.N. Agrawal

Judgment text excerpt

The Supreme Court upheld the eviction of the tenant under the provisions of the 1972 Act, stating that the shop was constructed after January 1, 1951, as evidenced by bricks inscribed with the year 1959, thus making the Act inapplicable. The Court rejected the tenant's argument regarding the invalidity of the eviction notice, emphasizing that the tenant failed to raise this issue in the trial court and did not produce the notice to substantiate his claim. The Court affirmed the High Court's dismissal of the tenant's revision under Section 115 of the Code of Civil Procedure, confirming the findings of the district judge as justified and not perverse.

Shyam Lal vs Rasool Ahmed (Dead) By Lrs. · Niyam