Supreme Court of India · 2017-03-29
VALIYAVALAPPIL SAROJAKSHAN vs SUMALSANKAR GAIKEVADA .
- Citation / case number
- SC 2007/29321
- Court
- Supreme Court of India
- Petitioner
- VALIYAVALAPPIL SAROJAKSHAN
- Respondent
- SUMALSANKAR GAIKEVADA .
- Author
- KURIAN
- Bench
- R. BANUMATHI KURIAN JOSEPH
Judgment text excerpt
The Supreme Court examined the interplay between Section 11(4)(iii) and Section 11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act, 1965, holding that once delivery of possession has been taken in execution, further eviction proceedings cannot be pursued on any other ground. The Court upheld the High Court's decision that the eviction petitions were rendered moot due to the prior delivery of possession, thereby affirming the tenants' right to remain in possession despite the landlords' claims under the Act.