HARSHAVARDHAN CHOKKANI versus BHUPENDRA N. PATEL AND ORS.

HARSHAVARDHAN CHOKKANI versus BHUPENDRA N. PATEL AND ORS.

By the conduct of the parties, the partnership firm had already become the tenant before the sale of premises; receipts for rent were issued to the firm, and the firm continued as tenant after attornment. Eviction petition against the appellant was not maintainable, as he was not the tenant.

Parties
Appellant: Harsha Vardhan Chokkani; Respondents: Bhupendra N. Patel and Ors.
Jurisdiction
India
Judgment Date
28 February 2002
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave Against High Court Revision Order
Outcome
Appeal allowed; order of High Court set aside; eviction petition dismissed.
Legal Topics
Eviction, Tenancy Determination, Revisional Powers of High Court
Landlord and Tenant Law Eviction Tenancy Determination Revisional Powers of High Court

Case Brief

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Parties

Harsha Vardhan Chokkani

Appellant

Bhupendra N. Patel and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave Against High Court Revision Order

Legal Issues

  1. 1 Whether the appellant or the firm is the tenant of the premises.
  2. 2 Whether the High Court was justified in interfering with concurrent findings of facts of the lower authorities under Section 22, Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960.

Ratio Decidendi

By the conduct of the parties, the partnership firm had already become the tenant before the sale of premises; receipts for rent were issued to the firm, and the firm continued as tenant after attornment. Eviction petition against the appellant was not maintainable, as he was not the tenant.

Court Disposition

Appeal allowed; order of High Court set aside; eviction petition dismissed.

Orders

  • The order of the High Court under challenge is set aside.
  • The eviction petition filed by the respondents is dismissed.