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september 2012

Supreme Court of India · 2012-09-20

PAYAL VISION LTD vs RADHIKA CHOUDHARY

Citation / case number
SC 2011/10399
Court
Supreme Court of India
Petitioner
PAYAL VISION LTD
Respondent
RADHIKA CHOUDHARY
Author
T.S. THAKUR
Bench
GYAN SUDHA MISRA T.S. THAKUR

Judgment text excerpt

The Supreme Court held that the High Court erred in reversing the trial court's decree for possession under Order XII Rule 6 of the Code of Civil Procedure, 1908, as the relationship of landlord and tenant and the service of notice of termination were admitted. The Court emphasized that the existence of a tenancy is established despite the tenant's challenge to the lease deed's validity due to lack of registration, citing Section 116 of the Indian Evidence Act, 1872, which prevents a tenant from denying the landlord's title. The appeal was allowed, reinstating the trial court's decree for possession.

PAYAL VISION LTD vs RADHIKA CHOUDHARY · Niyam