Supreme Court · 1996 INSC 1181 · Decided 11 October 1996
S.K. Sattar SK. MOHD. Choudhari v. Gundappa Amabadar Bukate
- Court
- Supreme Court of India
- Citation
- 1996 INSC 1181 · [1996] SUPP. 7 S.C.R. 450
- Case number
- CIVIL APPEAL No. 6972/1996
- Decided
- 11 October 1996
- Bench
- KULDIP SINGH, S. SAGHIR AHMAD (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 5, 36, 37, 109
Headnote
Transfer of property Act, 1882-Sections 5, 36, 37 and 109-Partition of tenanted property-Rent not paid-Tenancy Tenni11ated-Petitio11 for evic­ tion-High Court holding that tenancy is i11divisible and evictio11 proceedi11gs C not maintainable by one of the co-landlords-Held, te11ant has 110 maintainable. Words & Phrases : D "Transfer''-Meaning of in the contest of Sec.2(d) & 5 of Transfer of E F Property Act, 1882. Legal maxims-Qui in jus dominiumve alterius succedit jure eju~ uti deb et-Explained. A partition took place between the appellant and his brothers. The
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