Supreme Court of India

Joseph Kantharaj & Anr. v. Atiharunnisa Begum S.

Neutral citation
Reported as [2010] 1 S.C.R. 629
Bench R.V. Raveendran and K.S. Radhakrishnan JJ.
Decided 11 January 2010

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

We are of the view that interference with that decision of the trial court by the High Court relying upon the earlier decision of the High Court in Haji Iqbal Shariff vs.

Judgment, page 4

From the headnote

Kamataka Rent Act, 1999: ss. 27(2)(r) and 43 - Eviction proceedings - Deferment c of - HELD: mere assertion by a tenant that he is in possession in part pelformance of an agreement of sale or mere filing of a suit for specific pelformance, by itself will not lead to deferment of eviction proceedings uls 43 - But where tenant produces and relies upon an agreement of sale which 0 confirms delivery of possession in part pelformance and a specific pelformance suit is pending, and there is no lease deed or payment of rent from the date of such agreement of sale, ·or no acknowledgement of attomment

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