Supreme Court of India · 2002-02-28
Harshavardhan Chokkani vs Bhupendra N. Patel And Ors
- Citation / case number
- AIR 2002 SUPREME COURT 1373
- Court
- Supreme Court of India
- Petitioner
- Harshavardhan Chokkani
- Respondent
- Bhupendra N. Patel And Ors
- Bench
- Syed Shah Mohammed Quadri, Doraiswamy Raju
Judgment text excerpt
The Supreme Court held that under Section 10 of the A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960, the determination of tenancy is a question of fact. The Court found that the High Court erred in re-evaluating the evidence and concluding that the appellant was the tenant, despite the firm being the actual tenant who paid rent and received receipts. The Court upheld the findings of the lower authorities, confirming that the firm was the tenant and the eviction petition against the appellant was not maintainable, thereby allowing the appeal.