VidhiSangh

Supreme Court of India · 03/07/2017

D. N. JOSHI (D) THR. LRS. & OTHERS versus D. C. HARRIS & ANOTHER

[2017] 7 S.C.R. 326 · 2017 INSC 578

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court upheld an eviction decree after finding substantial compliance with the second-appeal question-of-law requirement and a valid Muslim gift through constructive possession. The tenant occupied the premises, so physical delivery was unnecessary; the deed and subsequent rent dealings established transfer. The lack of attornment did not invalidate the landlord’s transfer.

Issues

  1. Whether the second appeal was vitiated by the timing of formulation of a substantial question of law.
  2. Whether the gift failed for lack of physical delivery or tenant attornment.

Provisions considered

Held

Result

Appeal dismissed without costs; High Court eviction decree upheld.

Judgment PDF: Supreme Court of India, [2017] 7 S.C.R. 326.