Supreme Court · 2010 INSC 744 · Decided 27 October 2010

Amina Beevi v. Thachi & ORS.

Court
Supreme Court of India
Citation
2010 INSC 744 · [2010] 12 S.C.R. 1084
Case number
SPECIAL LEAVE PETITION (CIVIL) No. 15221/2007
Decided
27 October 2010
Bench
D.K. JAIN, A.K. PATNAIK (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC Section 9

Headnote

KERALA LAND REFORMS ACT, 1963: c s.51, proviso - Surrender by tenant of his interests in the leasehold land to landlord - HELD: Being in contravention of s. 51, was void. ss. 13-A and 125 - Restoration of possession of tenants dispossessed after 1.4.1964 - Jurisdiction of civil court - D Held: by a tenant is neither barred expressly nor impliedly bys. 13-A - Further, s.125 makes it clear that in any suit regarding rights of a tenant the issues of rights of tenant and whether a person is tenant will have to be referred to the civil court. E 'MS', the owner of the suit property

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