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S.M. Asif v. Virender Kumar Bajaj

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 6106-6108 of 2015)Decided 12 Aug 2015
Civil Appeal Nos. 6106-6108 of 2015
Justice T.S. Thakur · Justice V. Gopala Gowda · Justice R. Banumathi

Background

This order sends the case back; it does not decide the dispute. A landlord sued to evict a tenant, who said he had separately agreed to buy the same premises and had paid Rs. 82.50 lakhs towards the price. The trial court decreed eviction on an admission under Order XII Rule 6 of the Code of Civil Procedure without letting the tenant contest the agreement to sell defence.

Decision Breakdown

This is not a final decision on the dispute. The Court set aside the lower orders and sent the matter back to the Rent Controller for a fresh hearing, subject to interim conditions on payment of rent or compensation. It made clear that it had not expressed any opinion on the merits.

Lesson Learnt

There is no final ruling yet on whether the tenant must vacate or who is entitled to the premises. Both the eviction claim and the agreement to sell defence will be heard afresh.

Official source (sci.gov.in)View Judgment (PDF)

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