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.