Supreme Court · 2009 INSC 1119 · Decided 9 September 2009
M/S. Commercial Auto Sales (P) LTD . v. M/S. Auto Sales (Properties)
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1119 · [2009] 14 S.C.R. 231
- Case number
- CIVIL APPEAL No. 6142/2009
- Decided
- 9 September 2009
- Bench
- TARUN CHATTERJEE, RAJENDRA MAL LODHA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
Headnote
..I, Deeds and documents: Family settlement - Eviction suit - Plea of defendant that they were not tenant but occupying the suit premises by virtue of a family settlement, rejected - c Eviction decree - High Court affirmed the decree - On appeal, held: High Court failed real intention of parties in family settlement with regard to the suit premises --+ - Intention of parties to an instrument must be gathered from the tenns thereof in the light of surrounding circumstances - D Matter remitted to High Court for reconsideration on the aspect. as to whether under
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