Supreme Court · 2005 INSC 134 · Decided 11 March 2005
Charanjit Lal Mehra and ORS. v. SMT. Kamal Saroj Mahajan and ANR.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 134 · [2005] 2 S.C.R. 661
- Case number
- SPECIAL LEAVE PETITION (CIVIL) No. 20914/2004
- Decided
- 11 March 2005
- Bench
- P. VENKATARAMA REDDI, A.K. MATHUR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Transfer of Property Act Section 106; Rent Control Act Section 3(C), 6(A)
Headnote
Civil Procedure Code, 1908-0rder 12, Rule 6-Transfer of Property Act, 1882-Section 106-Suit for recovery of possession-Claim of tenants A B that there were four individual tenancies-As per Lease deed on record tenancy C in question was joint and not individual-Relationship of landlord and tenant on admission made in pleading-Dismissed by trial court-High Court passed decree on admission-On appeal, Held: On the basis of terms of lease deed and admissions made in pleadings, it can be inferred that tenancy was joint and tenant liable to eviction by civil court-Purpose of Order 12, R. 6 is
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