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Supreme Court of India 2021-09-20 dismissed

GEETA GUPTA vs RAMESH CHANDRA DWIVEDI & ORS

Bench: 2 — Ajay Rastogi, Abhay S. Oka

In Brief

A woman who purchased commercial premises in 1994 sought to evict a long-standing tenant, claiming the tenant was wrongfully inducted by a previous occupant without authority. The tenant had occupied the premises since 1975 under an agreement and continued possession when the property changed hands. The Court held that the tenant, being in occupation with the original owners' consent before July 1976, is deemed an authorized tenant under the statutory tenancy scheme. The original owners' silence over 19 years constituted acceptance. The Court dismissed the appeal, directing the tenant to pay arrears and continue regular rent deposits, while the new owner must pursue formal eviction proceedings under statute if desired.

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Landlord and Tenant Urban Rent Control Statutory Tenancy Deemed Tenancy Consent of Landlord Succession in Title

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