VidhiSangh

Supreme Court of India · 14/11/2019

RAMESHCHANDRA DAULAL SONI & ANR. versus DEVICHAND HIRALAL GANDHI (DEAD) THR. LRS. SMT. GULABBAI DEVICHAND GANDHI & ORS.

[2019] 17 S.C.R. 46 · 2019 INSC 1240

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Summary

Tenants and another occupant challenged concurrent eviction findings and the rejection of an objection in execution. The Supreme Court found no perversity in the findings of default and non-user. The tenants’ sisters were not shown to qualify for succession to the business tenancy. The other occupant’s belated agricultural-tenancy claim lacked pleadings and proof establishing the asserted statutory right.

Issues

  1. Whether omission of the tenants’ sisters defeated the eviction suit.
  2. Whether the asserted agricultural tenancy rendered the decree a nullity in execution.
  3. Whether the concurrent eviction findings warranted interference.

Provisions considered

Held

Result

Both appeals dismissed without costs. The eviction judgment and rejection of the agricultural-tenancy objection in execution were left undisturbed. Pending applications were disposed of.

Judgment PDF: Supreme Court of India, [2019] 17 S.C.R. 46.