Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent Control and Eviction Non-residential tenancy Eviction proceedings |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rent Control and Eviction:Non-residential tenancy – Eviction proceedings – Rent Controller directed eviction holding that there was bonafide requirement of suit premises for the purpose of reconstruction – Appellate court confirmed the order of Rent Controller – In revision, the tenant urged that it was ready and willing to hand-over the possession of suit premises subject to the land-lord agreeing to re- induct him as tenant in equivalent area occupied by him – High Court on the statement of the counsel for the land-lord that the land-lord was not averse to the offer so made by the tenant, disposed of the revision directing that the tenant would be re-inducted – Land-lord changed his advocate and filed review petition asserting that he had never instructed his counsel to make any statement regarding re-induction – Review petition dismissed – Appeal to Supreme Court – Held: The statement regarding re-induction of the tenant made by the counsel for land-lord before High Court is unequivocal – Land-lord now cannot be allowed to resile from the statement and is obliged to abide by the same – In order to provide same area as in the old building, in the facts of the case, to do complete justice, the Court reached an arrangement regarding the area, location, floor and entrance to the tenanted premises after re- induction – However, while doing so the tenant was deprived of some area – Land-lord is directed to pay compensation/damages for the said loss to the tenant. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2020 INSC 111 |
Petitioner | Om Prakash |
Respondent | Suresh Kumar |
SCR | [2020] 1 S.C.R. 565 |
Judgement Date | 2020-01-30 |
Case Number | 833-834 |
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