Supreme Court · 2010 INSC 200 · Decided 7 April 2010

Karam Kapahi & Others v. M/S. Lal Chand Public Charitable Trust & Another

Court
Supreme Court of India
Citation
2010 INSC 200 · [2010] 4 S.C.R. 422
Case number
CIVIL APPEAL No. 3048/2010
Decided
7 April 2010
Bench
G.S. SINGHVI, A.K. GANGULY (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC; Evidence Act Section 116; Constitution Article 136; Transfer of Property Act Section 114

Headnote

Constitution of India, 1950: Article 136 - Suit by Trust (lessor) against Club (lessee) seeking termination of club's lease for non-payment of rent - Suit by Club questioning title of Trust - Admission by Club in the written statement that there was execution of lease deed 0 - Application u/s. 114 of 1882 Act, by Club, seeking relief against forfeiture for non-payment of rent, in suit filed by Trust- Trust filing application u/O. 12 r. 6 for passing judgment on admission - High Court decreeing the suit for possession since clear admission by club about E non-payment

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