Supreme Court · 2009 INSC 313 · Decided 4 March 2009
M/S Kanhiya Singh Santok Singh & ORS. v. Kartar Singh
- Court
- Supreme Court of India
- Citation
- 2009 INSC 313 · [2009] 3 S.C.R. 1111
- Case number
- CIVIL APPEAL No. 1525/2009
- Decided
- 4 March 2009
- Bench
- TARUN CHATTERJEE, AFTAB ALAM (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
-+ Code of Civil Procedure, 1908 - 0.22 r.3 - Substitution of legal representatives - Eviction decree against tenant and his firm - Death of tenant during pendency of second appeal c - Application for substitution of legal representatives of deceased - Dismissal of application and abatement of uls. 3(vii) since they were not ordinarily carrying on business as members of family of deceased till time of his death - On appeal, held: Status D .f of appellants as tenants was ambiguous - Hence, matter remitted to High Court- Rajasthan Premises (Control of Rent and Eviction) Act, 1950 - s.
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