Supreme Court · 2004 INSC 484 · Decided 27 August 2004

Sri Inder Sain Bedi (Dead) BY LRS. v. M/S. Chopra Electricals

Court
Supreme Court of India
Citation
2004 INSC 484 · [2004] SUPP. 3 S.C.R. 914
Case number
CIVIL APPEAL No. 6405/2002
Decided
27 August 2004
Bench
ASHOK BHAN, S.H. KAPADIA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 6; Transfer of Property Act Section 106

Headnote

Rent Control and Eviction: Tenancy-Extent of-Determination-Lessor leased a portion of suit C property to a tenant-Licence deed specifically mentioned extent of accommodation so leased-But another portion of the suit property, although mentioned in the licence deed, was scored off and initialed by leased out to him-Trial court decreed the suit-However, High Court held D that the scored off portion was also part of the tenanted premises and, therefore, suit for possession for only a portion of the property amounted to splitting up of tenancy, which was impermissible in law-Therefore, trial

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