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july 2004

Supreme Court of India · 2004-07-22

KAVERIPATNAM S.S.A.S.CHARITIES TRUST vs S.K. VISWANATHA SETTY

Citation / case number
SC 1999/1986
Court
Supreme Court of India
Petitioner
KAVERIPATNAM S.S.A.S.CHARITIES TRUST
Respondent
S.K. VISWANATHA SETTY
Author
KAPADIA
Bench
S.H. KAPADIA. ASHOK BHAN

Judgment text excerpt

The Supreme Court upheld the High Court's decision confirming the dismissal of the appellant's suit under the Karnataka Rent Control Act, 1961. The Court found that the agreement dated 1.10.1976 was a device to circumvent the provisions of the Act, as the respondent had surrendered possession of the shop with the expectation of being re-let the new shop. The Court emphasized that the respondent's claim to tenancy in the new building was not valid as he had voluntarily surrendered his tenancy rights in the old building, thus affirming the lower courts' rulings.

KAVERIPATNAM S.S.A.S.CHARITIES TRUST vs S.K. VISWANATHA SETTY · Niyam