Supreme Court of India

Abbobaker and Anr. v. Mahalakshmi Trading Co.

Neutral citation
Reported as [1998] 1 S.C.R. 762
Bench S. Saghir Ahmad and G.B. Pattanaik JJ.
Decided 10 February 1998

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.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We are of the considered opinion that the High Court committed an error in inteipreting clause (5) of the compromise decree to mean that the tenant would be liable to pay rent at a concessional rate of 25% less .. G of the fair rent to be fixed in respect of premises by the Controller under Section 14 of the Act.

Judgment, page 8

From the headnote

Rent Control and Eviction Karnataka Rent Control Act, 1961 : Sections 14(6), 21(1)0) and 26 to 28. Demolition and reconstruction of building-Eviction petition disposed of on the basis of compromise entered into between landlord and tenant­ Compromise stipulated that tenant would be accommodated in the new building after reconstruction on rent "at concessional rate of 25% less of the prevailing/air rent in the area"-Tenant got possession of the premises after executing the compromise decree without taking recourse to right of re-entry into the reconstructed building under S. 27- "Fair

Where later benches applied it

Of those, 1 referred to

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