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Konchada Ramamurthy Subudhi & Anr vs Gopinath Naik on 7 December, 1967

19. Under identical circumstances, Hon'ble Apex Court in the case of KONCHADA RAMAMURTHY SUBUDHI AND ANOTHER vs GOPINATH NAIK reported in AIR 1968 SC 919, has held the intention of the parties in a compromise petition is a decisive test which will have to be adopted to ascertain as to whether parties intended to revive the tenancy or create new tenancy under compromise petition. It has been further held that in spite of the fact that word 'rent' being used in the compromise petition would not : 26 : be a ground to contend that it amounts to a fresh lease having been created. Hon'ble Apex Court therein was examining as to whether the compromise deed constitute creation of a lease or licence and held that when the decree holder has brought a suit for ejectment of the judgment debtor and a compromise being entered into in that suit, is important and it would be difficult to impute to such decree holder that he had intention to create a fresh tenancy while the fact that he brought the suit for ejectment itself shows that his intention was to eject the judgment debtor after having terminated the tenancy. Hence, contention raised by learned Advocate appearing for petitioner - judgment debtor in this regard stands rejected.
Supreme Court of India Cites 7 - Cited by 38 - S M Sikri - Full Document

Air India Etc. Etc vs Nergesh Meerza & Ors. Etc. Etc on 28 August, 1981

Supreme Court of India Cites 59 - Cited by 357 - S M Ali - Full Document

Modern Hotel, Gudur Represented Bym.N. ... vs K. Radhakrishnaiah & Ors on 26 April, 1989

Supreme Court of India Cites 13 - Cited by 67 - M Rangnath - Full Document

M. Venkataramana Hebbar (D) By L.Rs vs M. Rajagopal Hebbar & Ors on 5 April, 2007

Supreme Court of India Cites 2 - Cited by 83 - S B Sinha - Full Document

Sunder Dass vs Ram Prakash on 24 February, 1977

Supreme Court of India Cites 13 - Cited by 127 - P N Bhagwati - Full Document
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