Supreme Court · 2003 INSC 364 · Decided 4 August 2003
Sheikh Noor and ANR. v. Sheikh G.S. Ibrahim (Dead) BY LRS.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 364 · [2003] SUPP. 2 S.C.R. 204
- Case number
- CIVIL APPEAL No. 5485/1993
- Decided
- 4 August 2003
- Bench
- R.C. LAHOTI, ASHOK BHAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 109; Transfer of Property Act Section 109
Headnote
Rent Control and Eviction: Bombay Rents, Hotel and Lodging House Rates Control Act, 1947: C Municipal Council attached the property for non-payment of property tax and auctioned it-The lady authorized to recover rent purchased the properly in auction-Transferred to the present landlord Court­ Affirmed by the appellate Court and the High Court-Legality of Auction/ D sale-Challenge to-Assigning of rights to recover arrears of rent to transferee-Validity of-Held: Burden of proof was on tenants-They had filed a complaint before the concerned authorities as well-Jn the absence
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