TEXTILE ASSOCIATION INDIA BOMBAY UNIT Vs. BALMOHAN GOPAL KURUP
LAWS(SC)-1990-7-52
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on July 24,1990

TEXTILE ASSOCIATION INDIA BOMBAY UNIT Appellant
VERSUS
BALMOHAN GOPAL KURUP Respondents


Referred Judgements :-

H C PANDEY VS. G C PAUL [DISTINGUISHED]



Cited Judgements :-

PRAKASH WATI BALI VS. MANISH DEWAN [LAWS(DLH)-1996-5-73] [REFERRED TO]
KISHORE SETH VS. SATISH CHANDRA NIGAM [LAWS(ALL)-2005-3-216] [REFERRED TO]
RAJ KUMARI VS. ADDL DISTRICT JUDGE MUZAFFAR NAGAR [LAWS(ALL)-2006-12-48] [REFERRED TO]
BHAGWAN DAS VS. LALA PRATAP BHAN AGARWAL [LAWS(ALL)-2007-3-259] [REFERRED TO]
AJAY KUMAR VS. ARIF MUSTAFA KHAN [LAWS(ALL)-2008-1-105] [REFERRED TO]
CHANDAN RAI GARG VS. PRESCRIBED AUTHORITY [LAWS(ALL)-2009-12-120] [REFERRED TO]
JAI SINGH VS. KRISHNA BAI JAISWAL [LAWS(APH)-2005-7-39] [REFERRED TO]
AKKATAI VS. BABURAO SATTAPPA ANGOL [LAWS(KAR)-1995-4-11] [DISTINGUSHED : AIR 1990 SC 2053,DIST.; 2.]
SAMIULLA SHARIFF VS. KHIZER AHAMED [LAWS(KAR)-1995-7-45] [REFFERD TO]
R R KHANOLKAR VS. MADHAVI ARUN KAMATH [LAWS(KAR)-1996-7-43] [REFERRED TO]
SAMBHU CHARAN HAZRA VS. BANDANA LAHA [LAWS(CAL)-1992-9-2] [REFERRED TO]
KAMALADEBI MUKHERJEE VS. ARUN DASGUPTA [LAWS(CAL)-1993-1-8] [REFERRED TO]
TARA SUNDARI GHOSH VS. CHHAYARANI DANDAPATH [LAWS(CAL)-1994-10-1] [REFERRED TO]
MD IDRIS MD IDRIS ALI VS. ANIL KUMAR DE [LAWS(CAL)-2002-1-14] [REFERRED TO]
UMA DEVI KHANNA VS. AVA RANI DAS [LAWS(CAL)-2005-6-24] [REFERRED TO]
JAHARLAL SAHA VS. PRADIP SAHA [LAWS(CAL)-2005-11-35] [REFERRED TO]
AMAR NATH PRAMANICK VS. SANJIB DAS GUPTA [LAWS(CAL)-2008-2-89] [REFERRED TO]
SUNIL KUMAR GHOSH VS. MADAN GHOSH [LAWS(CAL)-2008-5-43] [REFERRED TO]
KANTI BHATTACHARYA VS. K S PARMESHWARAN [LAWS(BOM)-1993-2-1] [REFERRED TO]
VIJAYANAND KARUSAO FULBANDHE VS. NATHUSAO BAKARAMSAO RAJABHOJ [LAWS(BOM)-1996-11-24] [REFERRED TO]
RAMESH SHANKAR KALE VS. MADHAV BHIMSHANKAR WADNERE [LAWS(BOM)-2000-7-46] [REFERRED TO]
ASHOK CHINTAMAN JUKER VS. KISHORE PANDURANG MANTRI [LAWS(SC)-2001-5-10] [REFERRED]
SURAYYA BEGUM MST RENU SHARMA VS. MOHAMMAD USMAN:RAGHBIRKAURBHATIA MRS [LAWS(SC)-1991-4-1] [REFERRED TO]
RAM GOPAL SHORI VS. PRESCRIBED AUTHORITY CIVIL JUDGE RAMPUR [LAWS(ALL)-2010-8-105] [REFERRED TO]
S A WALI QUADRI VS. SADAR ANJUMAN E ISLAMIA [LAWS(APH)-2000-3-49] [REFERRED TO]
AMAL KRISHNA ADITYA VS. GANESH CHANDRA DAS [LAWS(CAL)-1998-3-20] [REFERRED TO]
MD KAMRUDDIN VS. KHURSHIDA BIBI [LAWS(CAL)-2011-7-134] [REFERRED TO]
ASHOK SHAMANNA VS. NAYEEM KHAN [LAWS(KAR)-2003-3-77] [REFERRED TO]
MOHANAMBAL VS. VEERAMANI [LAWS(KER)-1998-9-46] [REFERRED TO]
BAYABI ABDUL SAMAD VS. HALIMABI YUSUF [LAWS(BOM)-2001-11-62] [REFERRED TO]
VIMALABAI KESHAV GOKHALE VS. AVINASH KRISHNAJI BINIWALE [LAWS(BOM)-2003-6-141] [REFERRED TO]
PADMAKAR DATTATRAYA MANE VS. VISHNU SADASHIV TAKATE [LAWS(BOM)-2007-10-35] [REFERRED TO]
RAJENDRA MURLIDHAR GORAWADE VS. KAI WANABAI MANKOJI DHONE TRUST [LAWS(BOM)-2011-3-95] [REFERRED TO]
KASHMIRA ROBERT LOBO NEE KASHMIRA SOLI BATIWALA VS. SOLI BAHADURJI BATIWALA [LAWS(BOM)-2012-2-31] [REFERRED TO]
WILFRED JOHN ALBUQUERQUE VS. CUSTODIO D'COSTA [LAWS(BOM)-2004-7-219] [REFERRED TO]
KAMLESH RANI VS. JANESHWAR KUMAR [LAWS(P&H)-2010-1-279] [REFERRED TO]
SAJJAN KUMAR AGRAWAL VS. RENT CONTROL APPELLATE TRIBUNAL [LAWS(RAJ)-2011-5-19] [REFERRED TO]
GANESH PRASAD SONI VS. RAMESH KUMAR TAMRAKAR [LAWS(CHH)-2009-3-32] [REFERRED TO]
AMEER CHANDRA JAIN VS. ADDL. DISTRICT JUDGE [LAWS(ALL)-2012-11-26] [REFERRED TO]
OM PARKASH VS. RAM KUMAR [LAWS(P&H)-2011-5-39] [REFERRED TO]
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HAJI EHSAN ELAHI VS. ADDITIONAL DISTRICT JUDGE [LAWS(ALL)-2012-11-96] [REFERRED TO]
SUNIL KUMAR SINGH VS. SPECIAL JUDGE [LAWS(ALL)-1994-3-98] [REFERRED TO]
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TRILOKCHAND JAIN VS. RATNIBAI [LAWS(CHH)-2013-8-18] [REFERRED TO]
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PANKAJ BHATT VS. PRESCRIBED AUTHORITY/CHIEF JUDICIAL MAGISTRATE [LAWS(UTN)-2007-7-19] [REFERRED TO]
ASHOKE KUMAR NANDI VS. DIGBIJOY SINHA [LAWS(CAL)-2011-9-195] [REFERRED TO]
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HIRA LAL DAS VS. LOKNATH NEWATIA [LAWS(PAT)-2014-5-79] [REFERRED TO]
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VIRATNA VIDYABANICH AND ORS. VS. MOHAN J. JHANGIANI AND ORS. [LAWS(BOM)-2015-9-20] [REFERRED TO]
SEHDEV VS. SMT. BANTI DEVI [LAWS(P&H)-2002-11-152] [REFERRED TO]
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MAHMOOD HUSSEIN VS. VITH ADDITIONAL DISTRICT JUDGE, BAREILLY AND OTHERS [LAWS(ALL)-2004-10-215] [REFERRED TO]
RADHESHYAM JALAN VS. TRIPLEX [LAWS(GAU)-2017-9-28] [REFERRED TO]
SHANTI DEVI KHANDELWAL VS. SANJAY JHUNJHUNWALA [LAWS(CAL)-2017-12-260] [REFERRED TO]
RAKHI VS. BABU LAL AND ANR [LAWS(DLH)-2018-8-304] [REFERRED TO]
PARMAR JAYANTIBHAI BACHUBAHI VS. BHAAVNAGAR JAIN SHETAMBAR MURTIPUJAK TATHA SANGH [LAWS(GJH)-2018-10-186] [REFERRED TO]
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CHANDRA NATH CHANDRA VS. BUDDHADEB HALDER [LAWS(CAL)-2020-2-122] [REFERRED TO]
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JUDGEMENT

- (1.)- Special leave granted.
(2.)The premises in question was under the occupation of one Gopal Kurup. He left behind his widow, two sons and daughters. After the death of Gopal Kurup the appellant landlord filed an eviction petition on the ground of bona fide requirement and default in payment of rent. That was R.A.E. Suit No. 5 136/ 76 on the file of the Small Causes Court, Bombay. In that suit, the respondent (1) was not a party. His mother and brother alone were impleaded as parties. On March 31, 1977, the suit was decreed ex parte, apparently on the ground of failure to pay the arrears. That decree was put into execution and the possession was recovered by the landlord.
(3.)On August 13, 1979 respondent 1 filed a suit out of which the present appeal arises. He claimed that he was one of the tenants living in the premises at the time of death of his father Gopal Kurup and the ex parte decree obtained by the landlord was, therefore, not binding upon him. The Trial Court found that he was also one of the tenants who lived along with the father and declared that the ex parte decree for eviction was not binding on him. The appeal against the said decree was dismissed and so too the Writ Petition by the High Court.
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