Supreme Court · 2007 INSC 188 · Decided 22 February 2007
Vinay KR. Khambate v. Vinay KR. Aggarwal and ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 188 · [2007] 2 S.C.R. 1077
- Case number
- CIVIL APPEAL No. 895/2007
- Decided
- 22 February 2007
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Rent Control Act Section 2(J)(ii), 22(d)
Headnote
B ~ Rent Control and Eviction: Delhi Rent Control Act, 1958; Ss. 2(J)(ii) and 22(d)/Code of Civil c Procedure, 1908; O.XXJJ R.4: Eviction petition-Tenant died during pendency of the petition- Landlord filing an application under O.XXJJ R. 4 CPC claiming that son of the deceased tenant could not the application, Rent Controller passed D evidion order on the same day-Appeal dismissed by Tribunal-Challenge to--Dismissed by High Court-On appeal, Held: Rent Controller allowed the eviction petition on the same day in terms of O.XXll R.4 CPC rlw s. 2(1)(ii) of the Act without taking
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