Supreme Court of India · 2016-11-29
BISMILLAH BE (DEAD) BY LRS. vs MAJEED SHAH
- Citation / case number
- SC 2010/13912
- Court
- Supreme Court of India
- Petitioner
- BISMILLAH BE (DEAD) BY LRS.
- Respondent
- MAJEED SHAH
- Author
- Abhay Manohar Sapre
- Bench
- ABHAY MANOHAR SAPRE A.K. SIKRI
Judgment text excerpt
The Supreme Court upheld the High Court's dismissal of the appellant's second appeal and review petition regarding the tenancy of a property. The Court clarified that the appellant, as the landlord, had the right to terminate the tenancy under the provisions of the Transfer of Property Act, 1882, and that the respondent's claim of tenancy based on the original owner's death and subsequent acquisition by the Cantonment Board was unfounded. The Court held that the appellant was the rightful owner and entitled to recover possession of the suit house, thereby affirming the lower court's decision.