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august 2012

Supreme Court of India · 2012-08-08

STATE OF A.P. vs D. RAGHUKUL PERSHAD (D) BY LRS .

Citation / case number
SC 2009/38538
Court
Supreme Court of India
Petitioner
STATE OF A.P.
Respondent
D. RAGHUKUL PERSHAD (D) BY LRS .
Author
SUDHANSU JYOTI MUKHOPADHAYA A.K. PATNAIK
Bench
SUDHANSU JYOTI MUKHOPADHAYA A.K. PATNAIK

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of the appellants' Second Appeal, affirming that under Section 116 of the Indian Evidence Act, the appellants were estopped from denying the respondents' title to the suit land. The Court found that the appellants failed to prove their title and had not paid rent since 1986, thus justifying the eviction. The ruling emphasized that a tenant cannot deny the title of the landlord if they have not surrendered possession, aligning with established legal principles regarding tenancy and estoppel.

STATE OF A.P. vs D. RAGHUKUL PERSHAD (D) BY LRS . · Niyam