Supreme Court of India · 2017-02-15
FATEH SINGH (D) THR. LRS. vs HARI CHAND .
- Citation / case number
- SC 2009/35720
- Court
- Supreme Court of India
- Petitioner
- FATEH SINGH (D) THR. LRS.
- Respondent
- HARI CHAND .
- Author
- KURIAN JOSEPH
- Bench
- A.M. KHANWILKAR KURIAN JOSEPH
Judgment text excerpt
The Supreme Court upheld the High Court's decision to restore the eviction decree under Section 100 of the Code of Civil Procedure, emphasizing that the High Court acted within its jurisdiction in addressing the substantial question of law regarding the appellants' eviction. The Court found that the appellants' claim of having paid rent was unsupported by evidence, as they failed to produce the landlord's munshi for testimony. The Court granted the appellants until December 31, 2018, to vacate the premises, contingent upon their filing an undertaking to surrender possession without objection.