Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent and Eviction Control) Act Bihar Building (Lease 1882-Sections 11 (J)(c) and 14(8) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rent Control and Eviction: Bihar Building (Lease, Rent and Eviction Control) Act, 1882-Sections 11(1)(c) and 14(8) -Eviction petition-On ground of bonafide requirement-Decree in favour of landlord-However, High Court holding that requirement pleaded by landlord not genuine, setting aside the decree-On appeal, Held: Trial Court took into consideration relevant circumstances and available evidence-Thus the finding could not be upset by High Court in revisional jurisdiction. Appellants, educated unemployed, purchased suit premises for satisfying the requirement of appellant No.1 of running business. The suit premises were let out to respondent by appellant's predecessor in title. Appellants filed eviction petition against respondent-tenant under Section 11(1)(c) of the Bihar Building (Lease, Rent and Eviction Control) Act, 1882. Trial Court passed partial eviction decree. Respondent-tenant filed revision. High Court allowed the revision and set aside the decree holding that appellants were engaged in supporting their father in his business carried on in another premises and also that there are two other shops available to appellants. Hence the present appeal. |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2002 INSC 534 |
Petitioner | Akhileshwar Kumar And Ors. |
Respondent | Mustaqim And Ors. |
SCR | [2002] Supp. (5) S.C.R. 57 |
Judgement Date | 2002-12-12 |
Case Number | 3226 |
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