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Kanhaiya Lal vs Shivjee Prasad And Ors. [Alongwith ... on 6 January, 1998 cites

Vasant Pratap Pandit vs Dr Anant Trimbak Sabnis on 12 April, 1994

This Court noticed a decision of the Apex Court in Basant Pratap Pandit v. Anand Trimbak Submis , wherein the claim of executor/legatee for eviction of the tenant was rejected observing that when a tenant is in occupation of the premises, the tenancy is taken by him not for his own benefit but also for the benefit of the members of the family residing with him. Therefore, when the tenant dies the protection had to be given to the members of the family as well. Such protection, however, is not available to legatees, for a legatee could be an outsider as well. It can be said that if an outsider as a legatee does not have legal competence to claim eviction or resist the claim for eviction, on the same logic, an outsider-transferee cannot have the same legal character or competence as the tenant to resist the claim for eviction.
Supreme Court of India Cites 14 - Cited by 40 - M K Mukherjee - Full Document
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