SHEELA JAWARLAL NAGORI & ANR. versus KANTILAL NATHMAL BALDOTA & ORS.

SHEELA JAWARLAL NAGORI & ANR. versus KANTILAL NATHMAL BALDOTA & ORS.

In the absence of possession of the suit property being taken by the Corporation, the landlord retains his right, title, and interest in the property. Therefore, the suit for eviction by the landlord is maintainable, and the tenant's plea is self-defeating as they continued to pay rent to the landlord.

Parties
Petitioner: Sheela Jawarlal Nagori & Anr.; Respondent: Kantilal Nathmal Baldota & Ors.
Jurisdiction
India
Judgment Date
25 March 2014
Procedural Posture
Special Leave Petition (civil) / Final Adjudication
Outcome
Petitions dismissed
Legal Topics
Eviction, Landlord Tenant, Land Acquisition Act, Undertaking in Court
Property Law Land Acquisition Tenancy Law Eviction Landlord Tenant Land Acquisition Act Undertaking in Court

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Sheela Jawarlal Nagori & Anr.

Petitioner

Kantilal Nathmal Baldota & Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) / Final Adjudication

Legal Issues

  1. 1 Whether a landlord can maintain a suit for eviction of a tenant after an award has been passed under the Land Acquisition Act, 1894.
  2. 2 Effect of non-filing of undertaking after grant of time by court to vacate premises.

Ratio Decidendi

In the absence of possession of the suit property being taken by the Corporation, the landlord retains his right, title, and interest in the property. Therefore, the suit for eviction by the landlord is maintainable, and the tenant's plea is self-defeating as they continued to pay rent to the landlord.

Court Disposition

Petitions dismissed

Orders

  • SLPs dismissed
  • Interim applications dismissed