Case Details Mohideen Abdul Khadar (Dead)through Lrs. vs Rahmath Beevi (D) Thr. Her Lrs. and Ors.

Court

Supreme Court of India

Date

1 November 2023

Case No.

Petition For Special Leave To Appeal (Civil) Nos 24748-24749 of 2023

Result

Dismissed

Bench

Aniruddha Bose, Sudhanshu Dhulia

Citation

[2023] 14 S.C.R. 164 : 2023 INSC 969

Issue for consideration

Dispute inter alia over retention of possession and tenancy right of predecessor of the petitioners in respect of second scheduled property (measurement of which was disputed in the suit filed by the predecessor of the respondents), as described in his plaint. Suit – As regards the second scheduled property, the case of the petitioners is that it was rented out to their predecessor by its owner ‘AB’ – ‘AB’ had conveyed this property to the predecessor of the respondents through another deed – Predecessor of the petitioners sought declaration of title to the first scheduled land and permanent injunction restraining the defendants from disturbing his peaceful possession over the second scheduled property – In the suit instituted by the predecessor of the respondents, mandatory injunction was sought seeking removal of petitioner’s predecessor along with another person from the properties specified – Dispute over dimension of the second scheduled property – Validity of notice u/s.106, Transfer of Property Act – Petitioners if entitled to protection of the Tamil Nadu City Tenants Protection Act: Held: The second scheduled property in the plaint filed by the predecessor of the respondents showing measurement of 15 feet (east-west) and 18 feet (north-south) is the correct measurement thereof– No reason not to accept this measurement – Further, on the question of validity of notice u/s.106, 1882 Act and whether the petitioners were entitled to protection of the Tamil Nadu City Tenants Protection Act or not, the High Court found both the points in favour of the predecessor of the respondents – No reason to interfere with the finding returned by the High Court – In substance, it retained the decision of the Trial Court in the suit filed by the predecessor of the petitioners in relation to second scheduled property – Transfer of Property Act, 1882 – s.106 – Tamil Nadu City Tenants Protection Act, 1921. [Paras 7 and 8]

JUDGMENT / ORDER OF THE SUPREME COURT JUDGMENT ANIRUDDHA BOSE, J. Delay condoned. 2. The present petitions have been filed by two nephews of one Mohideen Abdul Khadar, who died on 14.06.2019. He had interest in two blocks of lands, adjacent to each other located in Thenkasi Taluk, Kadayanallurpet within the Kadayanallur municipal limits in the State of Tamil Nadu. The petitioners bring this action in the capacity of legatees of said Mohideen. The dispute relates to title of Mohideen in respect of one block out of the two, described as first scheduled property in his plaint which triggered

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