Supreme Court of India

Smt. Rajbir Kaur & Anr. v. S. Chokesiri & Co.

Neutral citation

Reported as [1988] SUPP. 2 S.C.R. 310

Bench R.S. Pathak and M.N. Venkatachaliah JJ.

Decided 9 August 1988

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

For the foregoing reasons, this Appeal is allowed, the order of the High Court under Appeal is set aside and the o:rder of eviction passed by the Courts-below restored.

Judgment, page 29

From the headnote

Civil Procedure Code, 1908: Order 26 rule 9, Order 39 rule 7 and section 115-Commissioner appointment of-By Court-Notice to parties not necessary if purpose of appointment would be defeated or frustrated-Revisional Court to be reluctant to embark on independent reassessment of evidence and supplant its own conclusion. East Punjab Urban Rent Restriction Act, 1949: Sections 13 and 15(5)-Tenant-Eviction on ground of sub-letting-Right to enjoyment of property to be for consideration-Concurrent finding with regard to exclusive possession-Whether amenable to reversal in revision. Tran>fer of

Authorities it was built on

1950 Sarju Pershad v. Raja Jwaleshwari Pratap Narain Singh cited by 13
1964 Mrs. M. N. Clubwala and Anr. v. Fida Hussain Saheb and Ors. cited by 4
1987 Khalil Ahmed Bashir Ahmed v. Tufelhussein Samasbhai Sarangpurwala cited by 3

Where later benches applied it

2017 Ram Murti Devi v. Pushpa Devi and Others relied on
2014 M/s. S.F. Engineer v. Metal Box India Ltd. and Anr. relied on
2022 M/s Puri Investments v. M/s Young Friends and Co. & Ors. referred to
2013 Laxmibai (dead) Thr. Lrs. & Anr. v. Bhagwantbuva (dead) Thr. Lrs. & Ors. referred to
1994 Union Bank of India v. Chandrakant Gordhandas Shah mentioned

Of those, 2 relied on · 2 referred to · 1 mentioned

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