Supreme Court of India
K. Bhagirathi G. Shenoy and Ors. v. K.P. Ballakuraya and Anr.
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.
2 Supreme Court benches have cited this judgment.
What the Court ordered
For the aforesaid reasons we take the view that the lease was of building with the landed area meant as appurtenant thereto.
Judgment, page 9
From the headnote
Land Laws: Kera/a Land Reforms Act, 1963 : Ss. 72 Band 3(i)(ii)-Lease deed- Lease of residential building with land appurtenant thereto-No right to enjoy the land independent of building created-Lessee not allowed to make any improvement on the /and-Lessee, as cultivating tenant, claiming right, title and interest of the landowner-Entitlement <ff-Held, the lease was of building with land appurtenant thereto-Thus, exempted from the purview of the· Act-Lessee cannot claim any right under the Act. Words & Phrases: "appurtenant".,-Meaning'-Of in the context of sec.3(i)(ii) of Kera/a Land Reforms
Authorities it was built on
Where later benches applied it
- 2013 Maharshi Mahesh Yogi Vedic Vishwavidyalaya v. State of M.P. & Ors.
- 2016 Subramanian Swamy v. Union of India, Ministry of Law & Ors.
Of those, 1 relied on · 1 referred to
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