Supreme Court of India · 2017-03-29
Gauri Shankar vs Rakesh Kumar And Ors
- Citation / case number
- AIRONLINE 2017 SC 794
- Court
- Supreme Court of India
- Petitioner
- Gauri Shankar
- Respondent
- Rakesh Kumar And Ors
- Author
- A.M.Khanwilkar
- Bench
- Mohan M. Shantanagoudar, A.M.Khanwilkar, Dipak Misra
Judgment text excerpt
The Supreme Court held that the unilateral surrender of tenancy rights by one joint-tenant without the consent of the other is a substantial question of law that warrants consideration. The Court found that the High Court erred in dismissing the second appeal on the grounds that the issue was merely factual, emphasizing that the rights of the Appellant were potentially defeated by fraudulent actions. The Court allowed the appeal, setting aside the High Court's judgment and remanding the matter for reconsideration of the substantial questions of law raised by the Appellant.