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Supreme Court of India 2016-11-29 allowed

Bismillah Be (Dead) by L.Rs vs Majeed Shah

Bench: 2 — Abhay Manohar Sapre

In Brief

The appellant purchased a tenanted house through a chain of registered transactions following a tax recovery sale. The tenant, who had originally been inducted by the original owner, challenged the appellant's title. The lower courts dismissed the appellant's eviction suit, holding she had not proven the landlord-tenant relationship. The Supreme Court held that once a purchaser proves title through registered deeds, the original tenancy automatically devolves upon them by law. The tenant's admission of the original landlord's ownership and his own original tenancy meant he became the appellant's tenant by operation of law upon her proof of title. The appeal was allowed and the case remanded for deciding other eviction grounds on merits.

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Tenancy Law Landlord and Tenant Derivative Title M.P. Accommodation Control Act Eviction Property Transfer Civil Procedure

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