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.