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Tuesday, Feb 19, 2002

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Eviction of Princess of Greece set aside

By Our Legal Correspondent

NEW DELHI FEB. 18. The Supreme Court has set aside the order of the Madras High Court directing eviction of the Princess of Greece, Irene, from a premises in Chennai belonging to the Sankara Vihar Trust created by late T.M.P. Mahadevan.

A Bench , comprising R.C. Lahoti and P. Venkatarama Reddy, described as ``erroneous'' the High Court judgment that the Princess being a non-Indian and a foreign national could not at all claim any right by proxy under the pretext that she was the de facto occupant of the premises.

Allowing an appeal from the Princess against the High Court judgment dated August 18, 2000, the Bench said that merely because the employees of the Princess, who were staying with her were allowed to look after the tenancy premises in her absence when she left India, that could not amount to sub-letting and there was no change of user of the premises which was continued to be used for the residence of the tenant.

The Bench held that the High Court's approach in dealing with the case could not be countenanced and its order was wholly unsustainable in law. The Bench set aside the judgment and dismissed the eviction petition filed by the landlord.

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