K.C.G. VERGHESE versus K.T. RAJENDRAN AND ANR.

K.C.G. VERGHESE versus K.T. RAJENDRAN AND ANR.

Order of eviction against tenant is binding not only on tenant but also on his brother, as the latter's purported independent rights were not pleaded earlier and there is no evidence of an independent right in tenancy documents.

Parties
Complainant: K.C.G. Verghese; Contemnor No. 1 / Tenant: K.T. Rajendran; Contemnor No. 2 / Tenant's Brother: K.T. Baskaran
Jurisdiction
India
Judgment Date
24 January 2003
Procedural Posture
Contempt Petition / Disposal
Outcome
Tenants' appeal dismissed; contempt proceedings against tenant's brother discharged.
Legal Topics
Eviction of Tenant, Contempt of Court, Possession of Tenanted Premises
Rent and Eviction Eviction of Tenant Contempt of Court Possession of Tenanted Premises

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Parties

K.C.G. Verghese

Complainant

K.T. Rajendran

Contemnor No. 1 / Tenant

K.T. Baskaran

Contemnor No. 2 / Tenant's Brother

Procedural Posture

Contempt Petition / Disposal

Legal Issues

  1. 1 Whether tenant's brother can resist eviction when eviction order is passed against tenant
  2. 2 Whether tenant complied with Supreme Court's eviction order
  3. 3 Scope of contempt proceedings against tenant's brother

Ratio Decidendi

Order of eviction against tenant is binding not only on tenant but also on his brother, as the latter's purported independent rights were not pleaded earlier and there is no evidence of an independent right in tenancy documents.

Court Disposition

Tenants' appeal dismissed; contempt proceedings against tenant's brother discharged.

Orders

  • Principal Judge, City Civil and Sessions Court shall take steps to eject tenant's brother from the premises, if necessary with police help.
  • Possession to be delivered to complainant by removing all obstructions.