VidhiSangh

Supreme Court of India · 03/07/2017

JASPAL KAUR CHEEMA AND ANR. versus M/S INDUSTRIAL TRADE LINKS AND ORS. ETC.

[2017] 6 S.C.R. 479 · 2017 INSC 584

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Summary

Tenants inducted by the appellants could not belatedly amend their defence to deny the landlords’ original title after failing specifically to deny ownership and expressly admitting it in evidence. Section 116 estoppel barred the proposed plea; rejection of amendment was restored.

Issues

  1. Whether tenants could introduce a late denial of their inducting landlords’ title by amendment.

Provisions considered

Held

Result

Appeals allowed; High Court amendment order set aside and Rent Controller’s rejection restored. No costs; eviction merits not finally decided by this order.

Judgment PDF: Supreme Court of India, [2017] 6 S.C.R. 479.