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Supreme Court of India 2021-11-17 dismissed

Assa Singh (D) by Lrs vs Shanti Parshad (D) by Lrs. & Others

Bench: 2 — K.M. Joseph

In Brief

The Supreme Court held that when a tenant genuinely disputes the existence of a landlord-tenant relationship in eviction proceedings, the civil court retains jurisdiction to determine that fundamental question despite statutory bars. The respondent-tenant claimed the property was owned by a Mandir and leased to him by its Manager, while appellants claimed purchase from the same Manager. The Court found that revenue authorities lack power to finally decide on landlord-tenant relationships. Where the very foundation of ejectment—the relationship itself—is contested, the civil court can intervene, as eviction orders passed without deciding this jurisdictional prerequisite are invalid. The appeal was dismissed as the respondent was not a tenant of the appellants.

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Landlord and Tenant Civil Procedure Jurisdiction Revenue Law Property Law Eviction Statutory Interpretation

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