Supreme Court · 1988 INSC 321 · Decided 14 October 1988

S.B. Abdul Azeez (BY LRS.) v. M. Maniyappa Setty & ANR.

Court
Supreme Court of India
Citation
1988 INSC 321 · [1988] SUPP. 3 S.C.R. 505
Case number
CIVIL APPEAL No. 1006/1980
Decided
14 October 1988
Bench
R.S. PATHAK, S. NATARAJAN (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Transfer of Property Act Section 58(d); Rent Control Act Section 2

Headnote

AZEEZ (BY LRS.) v. M. MANIYAPPA SETTY & ANR. OCTOBER 14, 1988 [R.S. PATHAK, CJ AND S. NATARAJAN, J.] Karnataka Rent Control Act, 1961-Section J(h)-Definition of Landlord-Whether includes usufructuary mortgagee who is entitled to be in possession of the mortgaged property and/or to receive on a part with owner of building to seek eviction of tenant. Held-Yes. A B c D The appellant, now represented by his legal representatives, had taken on rent certain premises and was in occupation thereof. On the basis of a usufructuary mortgage executed by the landlord in their favour, the

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