Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent Control and Eviction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | West Bengal Premises Tenancy Act, 1956 (12 of 1956) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rent Control and Eviction:West Bengal Premises Tenancy Act, 1956 – s.13(1)(a) – Eviction suit – Claim of, on four grounds, default in payment of monthly rent, bonafide need, sub-letting and unauthorized construction in the suit shop by the tenant – Suit partly decreed against the tenant on the ground of sub-letting and unauthorized construction by the tenant in the suit shop – However, the High Court dismissed the suit holding that no ground of either sub-letting or an unauthorized construction was made out – On appeal, held: Even if the landlord is able to make out only one ground out of several grounds of the eviction, he is entitled to seek the eviction of his tenant from the suit premises on the basis of that sole ground – It is not necessary for the landlord to make out all the grounds which he has taken in the plaint for claiming eviction of the tenant under the Rent Act – On facts, landlords were able to prove the case of sub-letting against the tenant – In view thereof, it is not necessary to examine the other ground relating to making of unauthorized construction by the tenant in the suit shop – Thus, the order of the High Court is set aside and that of the trial court is restored. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 55 |
Petitioner | Flora Elias Nahoum & Ors. |
Respondent | Idrish Ali Laskar |
SCR | [2018] 1 S.C.R. 272 |
Judgement Date | 2018-01-25 |
Case Number | 4189 |
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