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Supreme Court - Daily Orders

K.Lubna vs Beevi on 29 August, 2019

Bench: Sanjay Kishan Kaul, K.M. Joseph

     ITEM NO.109                              COURT NO.11                         SECTION XI-A

                                 S U P R E M E C O U R T O F               I N D I A
                                         RECORD OF PROCEEDINGS

     Civil Appeal              No(s).     2442-2443/2011

     K.LUBNA & ORS.                                                              Appellant(s)

                                                     VERSUS

     BEEVI & ORS.                                                                Respondent(s)


     Date : 29-08-2019 These appeals were called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
                         HON'BLE MR. JUSTICE K.M. JOSEPH

     For Appellant(s)                 Mr. K. Rajeev, AOR

     For Respondent(s)                Mr. Raghenth Basant,Adv.
                                      Ms. Liz Mathew, AOR
                                      Ms. Mahamaya Chatterjee,Adv.

                          UPON hearing the counsel the Court made the following
                                             O R D E R

The case contended before us by learned counsel for the appellants is that there was one tenancy though there were different violations in different portions of the tenancy. Notice dated 15th December, 1987 is stated to be composite notice and one Eviction Petition was filed qua the whole premises. In this behalf our attention has been invited to Section 11(4)(i) of the Kerala Buildings (Lease and Rent Control)Act, 1965 to contend that even if tenancy is created in part of the premises, the entitlement for eviction is in respect of the whole Signature Not Verified Digitally signed by ANITA MALHOTRA Date: 2019.08.30 premises.

17:22:34 IST

Reason:

In order to better appreciate this controversy, we 1 would like to peruse the notice dated 15th December, 1987. A copy of the notice be placed on record. It would be also appropriate that the respondents file a copy of the written statement to the eviction proceedings. It is also open to the parties to file any other documents includes depositions as may support their case.

Needful be done within two weeks.

List as part-heard on 17th September, 2019.

(ANITA MALHOTRA)                         (ANITA RANI AHUJA)
  COURT MASTER                              COURT MASTER




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