Supreme Court of India

Yunus Ali (dead) through His L.rs. v. Khursheed Akram

Neutral citation
Reported as [2008] 9 S.C.R. 1069
Decided 28 May 2008

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.

What the Court ordered

For the foregoing reasons, the impugned judgment is set aside and the appeal is allowed, but in the facts and cir­ cumstances of the case, without any order as to costs.

Judgment, page 9

From the headnote

Code of Civil Procedure, 1908 - s.115 - Jurisdiction un- der - Scope - Both Trial Court and the lower Appellate Court c determined the provisional rent for the shop in question at the rate of Rs.4001-p.m.- Revision petition - High Court reversed the concurrent findings of the two courts below and directed the Trial Court to determine provisional rent at the rate of Rs.2001-p.m. on the premise that it was the rent last paid by ~ the tenant - Challenge to - Justification - Held: Justified - ~ Under s. 115, the High Court cannot re-appreciate the evidence and cannot set aside the concurrent

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