Supreme Court · 1999 INSC 367 · Decided 31 August 1999
T.K. Lathika v. Seth Karsandas Jamnadas
- Court
- Supreme Court of India
- Citation
- 1999 INSC 367 · [1999] SUPP. 2 S.C.R. 116
- Case number
- CIVIL APPEAL No. 237/1999
- Decided
- 31 August 1999
- Bench
- K.T. THOMAS, AJAY PRAKASH MISRA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act
Headnote
Rent Control and Eviction : Kera/a Buildings (Lease and Rent Control) Act, 1965: Section 11 (3) third proviso-Eviction petition-Maintainability­ Landlord filed eviction petition before expiry of one year after execution of gift deed in her favour-Held: Third proviso to S.11 (3) prevents the petition has to be dismissed on that sole ground- D Court should not have gone into merits of the case because whatever is said or found would be without jurisdiction-High Court erred in going into the merits of the case and giving a finding without first deciding the maintainability of the
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