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Supreme Court of India 2017-04-11 allowed

Satish Chand (D) by Lrs. & Anr vs Kailash Chand & Ors

Bench: 2 — Kurian

In Brief

The appellants purchased a property from Vallabhdas, whose heirs were tenants. The trial court found no landlord-tenant relationship, but the first appellate court reversed this, finding one existed based on an earlier admitted position. The first appellate court granted eviction for arrears of rent but declined it on grounds of bona fide need. The High Court in second appeal reversed the first appellate court's findings on both the landlord-tenant relationship and the right to sell. The Supreme Court held the High Court unjustified in reversing concurrent findings of fact by the trial and first appellate courts, finding no perversity. The Court allowed the appeal, restored the first appellate court's order, and gave respondents two months to vacate.

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Property Law Landlord and Tenant Real Estate Civil Procedure Appellate Review Concurrent Findings

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