Supreme Court of India

POORAN CHANDRA JOSHI & ORS.versusBISWAN CHANDRA HARRIS (DEAD) BY L.RS.

Citation: 2017 INSC 578
Decided: 3 July 2017
Disposal: Dismissed
Bench: R BANUMATHI

Holding

The appeal fails as the same issues were already decided in the companion appeal, and therefore it is dismissed.

Summary

The appeal arose out of a dispute concerning eviction under the Rent Control Act, where the appellants relied on a gift deed dated 31 May 1949 to assert a right over the premises. The central question was whether that deed conferred a valid title that could defeat the landlord’s right to evict. The matter had already been considered in a companion civil appeal (Civil Appeal No. 6139 of 2009) dealing with the same gift deed. The Supreme Court, after noting the earlier decision, held that the issues were already settled and there was no ground to entertain the present appeal. Consequently, the Court dismissed the appeal without any order as to costs, reaffirming that the gift deed did not alter the rent‑control position.

Issues considered

Whether the gift deed dated 31 May 1949 creates a valid title that can defeat the landlord’s right to evict under rent control
Whether the present appeal is maintainable in view of the decision in the companion appeal

Subjects

rent controlevictiongift deedcivil appealdismissal

Judgment

                              [2017] 7 S.C.R. 348


A                   POORAN CHANDRA JOSHI & ORS.
                                       v.
             BISWAN CHANDRA HARRIS (DEAD) BY L.RS.
                       (Civil Appeal No. 6138 ofZ009)
B                               JULY 03,2017
          [R. BANUMATHI AND A. M. KHANWILKAR, JJ.)
          Rent Control and Eviction - Judgment reported in [2017)7
    SCR 326 in companion Civil Appeal Nos. 6139 of 2009 on merits of
C   the issues dealing with the selfsame gift deed dated 31.05.1949,
    which is also the subject matter of the present appeal -Accordingly,
    present appea~ also dismissed.
          CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6138
    of 2009.
D         From the Judgment and Order dated 16.052007 of the High Court
    ofUttaranchal at Nainital in Second Appeal No. 882 of2001.
           Shrish Kumar Misra, Ayush Negi, Advs. for the Appellants.
          E. C. Agrawala, Ms. Lalita Kohli, Abhinav Agrawal, Ms. Lalita
    Kohli (For Mis. Manoj Swarup & Co.), Advs. for the Respondents.
E
           The Judgment of the Court was delivered by
           A. M. KHANWILKAR, J. In view of the judgment in the
    companion civil appeal bearing Civil Appeal No. 6139 of2009 on merits
    of the issues dealing with the selfsame gift deed dated 31.05 .1949, which
F   is also the subject matter of the present appeal, for the same reasons
    even this appeal must fail and the same is, therefore, dismissed with no
    order as to costs.


    Devika Gujral                                              Appeal dismissed.




                                       348

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