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april 2005

Supreme Court of India · 2005-04-08

SPUN CASTING & ENGG. CO. PVT. LTD. vs DWIJENDRA LAL SINHA & ORS(DEAD)THR.LRS.

Citation / case number
SC 1983/65022
Court
Supreme Court of India
Petitioner
SPUN CASTING & ENGG. CO. PVT. LTD.
Respondent
DWIJENDRA LAL SINHA & ORS(DEAD)THR.LRS.
Author
BHAN
Bench
ASHOK BHAN & A.K.MATHUR

Judgment text excerpt

The Supreme Court upheld the High Court's decision restoring the decree for recovery of possession and mesne profits concerning the 'B' Schedule property, emphasizing that the appellant's tenancy had ended by efflux of time on 13th April 1959. The Court ruled that the appellant, having acquired the interest of the original lessees, was estopped from disputing the plaintiffs' title under Section 116 of the Indian Evidence Act. The Court clarified that no notice under Section 106 of the Transfer of Property Act was necessary to terminate the tenancy, affirming the lower court's findings.

SPUN CASTING & ENGG. CO. PVT. LTD. vs DWIJENDRA LAL SINHA & ORS(DEAD)THR.LRS. · Niyam