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Smt. Shanti Sharma & Ors vs Smt. Ved Prabha & Ors on 26 August, 1987

"4. I have heard counsel for the parties and carefully examined the judgment under challen12 ptge as also the material on record. As regards the contentions raised by counsel for the petitioner challenging the Will, the law has since been crystalised by the Supreme Court in Smt. Shanti Sharma vs. Smt.Ved Prabha, as also in Sheela and others vs. Firm Prahlad Rai Prem Prakash, . Once the landlord has been able to show that there is a testament in his favor, the landlord is deemed to have discharged his burden of ownership, vis-a-vis, the Rent Control Act. In the present case, the landlord has been able to prove that a testament has been made in his favor by the previous owner which, at best, could be challenged by the heirs of Smt. Saroj Mohan and certainly not by the tenant. In this view of the matter I hold that the objection of the petitioner herein to the maintainability of the eviction petition by the landlord is frivolous."
Supreme Court of India Cites 8 - Cited by 577 - G L Oza - Full Document
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