Supreme Court · 1996 INSC 1455 · Decided 10 December 1996

Sultana Begum v. Prem Chand Jain

Court
Supreme Court of India
Citation
1996 INSC 1455 · [1996] SUPP. 9 S.C.R. 707
Case number
CIVIL APPEAL No. 5631/1994
Decided
10 December 1996
Bench
KULDIP SINGH, S. SAGHIR AHMAD (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 47

Headnote

Code of Civil Procedure, 1908: Section 47, Order 21 Rule 2. Adjustment of decree-Uncertified-Out of Court-Compromise decree provided handing over of vacant possession of premises to landlady by certain dat~Subsequently tenant allowed to remain in possession of premises on payment of licence avoided decree by getting fresh lease of premises and not a licence-Hence decree remained preserved and creation of licence had not the effect of destroying it. A B c D Section 47, Order 21 Rule r-<:onflict between-Held : there was no conflict between .S.47, 0.21 R.2-S.47 related to powers

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