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SATISH CHAND (D) BY LRS & ANR. Vs. KAILASH CHAND & ORS
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Showing posts with label
SATISH CHAND (D) BY LRS & ANR. Vs. KAILASH CHAND & ORS
.
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Saturday, April 15, 2017
the High Court in Second Appeal was not justified in reversing the concurrent findings entered by the first appellate court and trial court in the matter of right to sell and in reversing the admitted position of landlord-tenant relationship as found by the first appellate court and denying eviction. First appellate court is the last court on facts. We find no perversity in the findings of the first appellate court. The said court has found on admission that there was landlord-tenant relationship. After entering such a finding only, the eviction was ordered on the ground of arrears of rent. There is no dispute on these facts. On the right to sell the property by the first respondent’s father, the findings are concurrent. In that view of the matter, we allow the appeal, set aside the impugned judgment of the High Court and restore that of the first appellate court. The respondents are given a period of two months to surrender vacant possession to the appellants. No costs.
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NON-REPORTABLE IN THE SUPREME COURT OF INDIA ...
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