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august 2003

Supreme Court of India · 2003-08-08

CHANDY VARGHESE vs K. ABDUL KHADER

Citation / case number
SC 1999/4080
Court
Supreme Court of India
Petitioner
CHANDY VARGHESE
Respondent
K. ABDUL KHADER
Author
D.M. DHARMADHIKARI. SHIVARAJ V.PATIL
Bench
D.M. DHARMADHIKARI. SHIVARAJ V.PATIL

Judgment text excerpt

The Supreme Court upheld the High Court's decree of injunction and recovery of possession, affirming that the contesting defendants were not entitled to protection against eviction under Section 106 of the Kerala Land Reforms Act, 1963. The Court clarified that Section 106 only applies to leases of land where a building for commercial or industrial purposes was constructed before May 20, 1967, and not to leases of buildings or combined leases. The appeal was dismissed as the defendants failed to prove their entitlement under the Act.

CHANDY VARGHESE vs K. ABDUL KHADER · Niyam