Supreme Court · 2008 INSC 742 · Decided 28 May 2008
Yunus Ali (Dead) Through His L.RS. v. Khursheed Akram
- Court
- Supreme Court of India
- Citation
- 2008 INSC 742 · [2008] 9 S.C.R. 1069
- Case number
- CIVIL APPEAL No. 1901/2003
- Decided
- 28 May 2008
- Bench
- C.K. THAKKER, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 115
Headnote
1069 "" t YUNUS ALI (DEAD) THROUGH HIS L.RS. A v KHURSHEED AKRAM (Civil Appeal No. 1901 of 2003) MAY 28, 2008 B [C.K. THAKKER AND LOKESHWAR SINGH PANTA, ·-~ JJ.] Code of Civil Procedure, 1908 - s.115 - Jurisdiction un- der - Scope - Both Trial Court and the lower Appellate Court Court to determine provisional rent at the rate of Rs.2001- p.m. on the premise that it was the rent last paid by D ~ the tenant - Challenge to - Justification - Held: Justified - ~ Under s. 115, the High Court cannot re-appreciate the evidence and cannot set aside the concurrent findings of
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