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Supreme Court of India 2017-03-29 allowed

Gauri Shankar vs Rakesh Kumar and Ors

Bench: 3 — A.M. Khanwilkar

In Brief

In this appeal, the Supreme Court examined the dismissal of a second appeal concerning whether a joint tenant can unilaterally surrender tenancy rights without the other tenant's consent. The appellant claimed the surrender was fraudulent and collusive. The High Court dismissed the appeal, treating the issue as merely factual rather than legal. The Supreme Court held that the High Court erred by failing to examine substantial questions of law and the specific fraud allegations raised in the appeal memo. The Court set aside the High Court's orders and remitted the second appeal for fresh consideration on merits, allowing parties to urge substantial questions of law."

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Tenancy Law Joint Tenancy Real Property Appellate Procedure Fraud and Deceit

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