Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hotel and Lodging House Rates Control Act Rent Control and Eviction 1947 Bombay Rents |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Bombay Rents. Hotel and Lodging House Rates Control Act, 1947 (57 of 1947) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rent Control And Eviction Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Section 13 (1) (g) - Bona fide requirement - Eviction of tenant - Landlord requiring premises for starting electrical business - He had diploma but had no experience - Trial Court did not order eviction - Appellate Court evicted tenant as it found the ground substantiated - High Court held, possessing a diploma is not enough, experience is needed - On appeal held, High Court committed jurisdictional error in interfering with finding of fact on an individual view - Order of Appellate Court, upheld.Provision couched in negative language to provide emphasis to genuineness of requirement - Requirement to be bona fide needs to be reasonable also - Must be genuine from any reasonable standard. Bona fide requirement - Court to be satisfied - Landlord to prove need but no warrant to presume contrary - Undisputed claim by landlord - Independent analysis to be done - However landlords' burden may get reduced. Bona fide requirement - Landlord starting new business - Having no past experience but academically qualified - Held, does not reflect lack of bona fides - Sufficient know-how not a pre-condition. Words and Phrases "Bona fide requirement " - Meaning of in the context of - Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. |
Judge | Hon'ble Mr. Justice K.T. Thomas |
Neutral Citation | 1999 INSC 209 |
Petitioner | Dattatraya Laxman Kamble |
Respondent | Abdul Rasul Mouliali Kotkune And Anr. |
SCR | [1999] 2 S.C.R. 912 |
Judgement Date | 1999-04-28 |
Case Number | 2489 |
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