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january 2010

Supreme Court of India · 2010-01-11

Joseph Kantharaj & Anr vs Attharunnisa Begum .S

Citation / case number
AIR 2010 SC (SUPP) 670
Court
Supreme Court of India
Petitioner
Joseph Kantharaj & Anr
Respondent
Attharunnisa Begum .S
Author
R.V.Raveendran
Bench
K S Radhakrishnan, R V Raveendran

Judgment text excerpt

The Supreme Court addressed the eviction petition under Section 21(1) of the Karnataka Rent Control Act, 1961, where the respondent claimed ownership and sought eviction of the first appellant, who contended he was a purchaser in part performance of an agreement. The Court upheld the High Court's finding of a landlord-tenant relationship but clarified that this finding was limited to eviction proceedings and did not affect the pending suit for specific performance. The Court ultimately ruled that the relationship of landlord and tenant must be established in a civil court, thus deferring the eviction proceedings.

Joseph Kantharaj & Anr vs Attharunnisa Begum .S · Niyam