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september 2008

Supreme Court of India · 2008-09-05

Goutam Bhavan Rep.By M.D vs Shakuntala Sahu Rep By Gpa Holder & Anr

Court
Supreme Court of India
Petitioner
Goutam Bhavan Rep.By M.D
Respondent
Shakuntala Sahu Rep By Gpa Holder & Anr
Bench
G.S. Singhvi, B.N. Agrawal

Judgment text excerpt

The Supreme Court held that the findings of the Lower Appellate Court declaring the appellant as the statutory tenant were binding and should have been considered by the High Court in the eviction appeal. The Court found that the High Court erred in dismissing the appeal based on a misreading of prior judgments, as there was no evidence of rent default by the appellant. Consequently, the Supreme Court allowed the appeal, set aside the eviction decree, and dismissed the suit for eviction filed by respondent No.1.

Goutam Bhavan Rep.By M.D vs Shakuntala Sahu Rep By Gpa Holder & Anr · Niyam