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december 2009

Supreme Court of India · 2009-12-15

Jaswant Kaur & Anr vs Subhash Paliwal & Ors

Citation / case number
2010 AIR SCW 300
Court
Supreme Court of India
Petitioner
Jaswant Kaur & Anr
Respondent
Subhash Paliwal & Ors
Author
Altamas Kabir
Bench
Markandey Katju, Altamas Kabir

Judgment text excerpt

The Supreme Court held that the High Court erred in rejecting the petitioners' applications under Order VI Rule 17 and Order XLI Rule 27 of the Code of Civil Procedure, 1908, for amendment of the written statement and for additional evidence regarding a Will executed by Bhavani Shankar. The Court emphasized that the petitioners were not aware of the Will prior to a certain date, which justified their request to amend their pleadings. The Court also clarified that Subhash Paliwal did not qualify as a 'landlord' under Section 3(iii) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950, impacting the maintainability of the eviction suit.

Jaswant Kaur & Anr vs Subhash Paliwal & Ors · Niyam