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Supreme Court of India 2019-04-16 dismissed

DR. R S GREWAL vs CHANDER PARKASH SONI

Bench: 2 — Dhananjaya Y Chandrachud, Hemant Gupta

In Brief

A widow holding a life interest in property under a will created a tenancy for a shop. The owners after her death sought to evict the tenant by claiming he became a trespasser upon her death. The Supreme Court held that a life-interest holder can validly create a tenancy as an incident of generating rental income. A tenant inducted by such a holder acquires statutory protection under rent control legislation, which survives the death of the life-interest holder. The statutory status of the tenant can only be terminated through eviction proceedings under rent control law, not by a suit for possession treating the tenant as a trespasser.

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Property Law Succession Law Tenancy Law Rent Control Hindu Succession Act Life Interest

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