Supreme Court · 1998 INSC 434 · Decided 18 November 1998
Rafat Ali v. Sugni Bai and ORS.
- Court
- Supreme Court of India
- Citation
- 1998 INSC 434 · [1998] SUPP. 3 S.C.R. 20
- Case number
- CIVIL APPEAL No. 5777/1998
- Decided
- 18 November 1998
- Bench
- S. SAGHIR AHMAD, K.T. THOMAS (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 : Sections 10(2), (iii), (iv), 20 and 22. Reyision-Power of High Court-Scope and extent of-Eviction proceedings-Grounds taken by landlord-Findings given by Rent Controller against landlord-Findings upheld by Appellate ground of nuisance-Difference between D public and private nuisance-Section 10(2)(iv) envisages private nuisance and not public nuisance-Damage must be proved in case of nuisance­ Damage to amount to actionable nuisance must be substantial. Rent control-Eviction-Ground-Damage caused by tenant
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