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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.

VALIYAVALAPPIL SAROJAKSHAN vs SUMALSANKAR GAIKEVADA . · Niyam