ABDUL SATTAR versus KHUTEJABI AND ORS.

ABDUL SATTAR versus KHUTEJABI AND ORS.

Section 21(1)(p) of the Act does not apply where the allotment of house was to a person who was not a tenant at the time; since the son was allotted the house before he became a tenant, clause (p) does not render the heirs liable to eviction.

Parties
Appellant: Abdul Sattar; Respondents: Khutejabi and others
Jurisdiction
India
Judgment Date
01 May 2003
Procedural Posture
Civil Appeal / Decision on Special Leave Appeal
Outcome
appeal dismissed
Legal Topics
Eviction, Devolution of Tenancy, Definition of Tenant
Property Law Tenancy Law Eviction Devolution of Tenancy Definition of Tenant

Case Brief

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Parties

Abdul Sattar

Appellant

Khutejabi and others

Respondents

Procedural Posture

Civil Appeal / Decision on Special Leave Appeal

Legal Issues

  1. 1 Whether allotment of house to son of deceased tenant renders heirs liable to eviction under Section 21(1)(p) of Karnataka Rent Control Act, 1961.
  2. 2 Whether clause (p) applies when the allotment is to someone not a tenant at the time.

Ratio Decidendi

Section 21(1)(p) of the Act does not apply where the allotment of house was to a person who was not a tenant at the time; since the son was allotted the house before he became a tenant, clause (p) does not render the heirs liable to eviction.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed without any order as to costs