UDAI CHAND versus SHANKER LAL & OTHERS

Grant of special leave was based on a material misrepresentation by the petitioner regarding the contents of the rent note; such abuse of the process and misleading of the Court justifies revocation of special leave and dismissal of the petition.

Parties: Petitioner: Udaichand; Respondents: Shanker Lal and Others
Jurisdiction: India
Judgment Date: 07 February 1978
Procedural Posture: Special Leave Petition (civil) / Application for Revocation of Special Leave and Additional Grounds
Outcome: Petition allowed; special leave revoked and petition dismissed; stay vacated; special costs awarded to respondent.
Legal Topics: Estoppel Under Evidence Act, Misrepresentation in Court, Eviction Proceedings

Civil Law Landlord Tenant Estoppel Under Evidence Act Misrepresentation in Court Eviction Proceedings

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 2 Authorities cited 8 Party arguments 2

Parties

Udaichand

Petitioner

Shanker Lal and Others

Respondents

Procedural Posture

Special Leave Petition (civil) / Application for Revocation of Special Leave and Additional Grounds

Legal Issues

1 Whether the petitioner was estopped from questioning the landlord's title under Section 116 of the Evidence Act.
2 Whether the petitioner misrepresented facts in the special leave petition justifying revocation of leave.

Ratio Decidendi

Court Disposition

Petition allowed; special leave revoked and petition dismissed; stay vacated; special costs awarded to respondent.

Orders

Special leave granted earlier is hereby revoked.
Special leave petition is dismissed.