Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | MADHYA PRADESH ACCOMMODATION CONTROL |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | MADHYA PRADESH ACCOMMODATION CONTROL. ACT, 1961:ss.12(1)(e) and 12(1)(g) - Suit for eviction on both the : grounds - Under Clause (e) for personal requirement for I residential purposes as also under Clause (g) for carrying out I repairs due to premises having become unsafe for human habitation - Held: There is no provision in the Act preventing a landlord from raising grounds enumerated under Clauses (e) and (g) together in a suit for eviction - Court is required to consider both the grounds on merits as they are mutually exclusive but not destructive of each other - In the instant case, trial court and first appellate court having found the requirements of suit premises by landlady under Clauses (e) and (g) proved, rightly granted decree of eviction under both the clauses. ss. 17 and 18 - Applicability of - HELD: In case decree for eviction is passed only under clause (e) of s.12(1), provisions of s. 17 would apply- But if eviction is ordered under clause (g) alone, s.18 would apply- However, where decree is passed under Clauses (e) and (g) both, it shall be deemed to have been passed mainly under Clause (e) and, therefore, G provisions of s. 17 would apply and not of s. 18. Appellant's suit for eviction was decreed by the trlal court, inter alia, on the ground of bona fide need for residential purpose u/s 12(1)(e) of the Madhya Pradesh Accommodation Control Act, 1961 as also u/s 12(1)(g) for carrying out repairs in the suit'premises as it had become unsafe for human habitation. The first appellate court affirmed the decree. In the second appeal filed by the respondent-tenant, the High Court set aside the decree passed by both the courts below as in its opinion no decree could be granted if the grounds enumerated under Clauses (e) and (g) of s.12(1) of the Act, were taken together in a suit for eviction and in such a case both the claims could not be held to be bona fide. |
Judge | Hon'ble Mr. Justice B.N. Agrawal |
Neutral Citation | 2009 INSC 463 |
Petitioner | Kusum Devi |
Respondent | Mohan Lal (dead) By Lrs |
SCR | [2009] 5 S.C.R. 606 |
Judgement Date | 2009-04-08 |
Case Number | 2876 |
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