LAW FOR ALL

Eviction case - in the absence of dispute about legal status of petitioner - court should not misdirect itself for stray entire in one of the record with out considering the records and evidence - continued by sons of original owner who died pending case against the son of Tenant - Trial court decreed the case - High court dismissed as misdirected holding that the appellants here in are not the sons of Original owner basing of Ration card in which the father name of appellants was showned as Muneshwar Rao - Apex court held that Muneshwar Rao and Narayanappa are one the same as per Reg. Will Deed left by Narayanappa and further it is not case of the respondent that the petitioners are not the sons of Narayanappa - mere entry in Ration card can not over weigh the evidence - The car registration certificate attached present with affidavit when disputed can not be considered - Apex court set aside the High court judgement and restored the Trail court order = K. Narayanappa (D) By Lrs. .. Appellant(s) -vs- R. Prakash .. Respondent(s) =2014 (May.Part) http://judis.nic.in/supremecourt/filename=41539