Supreme Court · 2001 INSC 569 · Decided 9 November 2001
Rajendra Tiwary v. Basudeo Prasad and ANR.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 569 · [2001] SUPP. 5 S.C.R. 243
- Case number
- CIVIL APPEAL No. 3406/1998
- Decided
- 9 November 2001
- Bench
- S.S.M. QUADRI, S.N. PHUKAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
B Rent Control and Eviction: Bihar Building (Lease Rent and Eviction) Control Act, 1982--Sections 2(f) & (h) and 1 l(b), (c) & (d}-Eviction suit-Trial Court and First Appellate Court found that relationship of Landlord and tenant did not exist between the parties-However, Trial Court held to the First Appellate Court for granting equitable decree under Order Vll Rule 7 of CPC after determin­ ing the title of the landlord-On appeal, held, remand not justified since "relief under the Act is dependent on the existence of relationship of landlord and tenant and on
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