Supreme Court · 2002 INSC 57 · Decided 30 January 2002

Ratan Lal Jain and ORS. v. Uma Shankar Vyas and ORS.

Court
Supreme Court of India
Citation
2002 INSC 57 · [2002] 1 S.C.R. 750
Case number
CIVIL APPEAL No. 10235/1996
Decided
30 January 2002
Bench
R.C. LAHOTI, BRIJESH KUMAR (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC; Transfer of Property Act Section 108(h), 108

Headnote

Code of Civil Procedure, 1908-0rder 21, Rules 35(1) and 36-Suit- Decree for possession immovable property-Property occupied by sub-tenants-­ C Delivery of possession-Held, decree holder not entitled to demand actual physical possession from sub-tenants by evicting them but entitled to only of certain plot of land created a lease deed in favour of defendant-respondents. Respondents constructed a D commercial complex consisting of shops on the leased land which were let out to different tenants, some of whom sub-leased the shops to others. Some of the sub-lessees had further inducted

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