Supreme Court Digest of Recent Cases
(2006) 5 SCC 532

Rent Control and Eviction

Eviction petition

— Questions at large — Title of landlord — Held, court needs to decide whether relationship of landlord and tenant existed and not question of title to the properties in question, (2006) 5 SCC 532-A

Rent Control and Eviction

Denial of title of landlord

— Denial of landlord-tenant relationship by tenant — When not tenable — Estoppel under S. 116 of Evidence Act — Applicability — Plaintiff's right to inherit the property doubtful — Effect — Courts below concurrently finding, based on consideration of material evidence, that appellant tenants were let into possession by respondent, possession was not restored to respondent by surrender and they had paid rent for a period — Held, S. 116, Evidence Act is clearly applicable — It was irrelevant that there was a question as to whether respondent was entitled to inherit the properties in question or not, (2006) 5 SCC 532-B

Hindu Law

Hindu Marriage Act, 1955

— Ss. 16, 5 and 11 — Applicability — Children born out of null and void (second) marriage, held, inherit property of father with other heirs, (2006) 5 SCC 532-C

Civil Procedure Code, 1908

— Or. 1 R. 10 — Grant of application for impleadment — Effect — Held, does not affect merits of claim(s) in question, (2006) 5 SCC 532-D



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