Supreme Court of India · 1962-03-20
MAHARAJ JAGAT BAHADUR SINGH vs BADRI PRASAD SETH
- Citation / case number
- SC 1959/153
- Court
- Supreme Court of India
- Petitioner
- MAHARAJ JAGAT BAHADUR SINGH
- Respondent
- BADRI PRASAD SETH
Judgment text excerpt
The Supreme Court held that under Section 13(3)(a) of the East Punjab Urban Rent Restriction Act, 1949, a landlord can only seek eviction for repairs that are fundamental and extensive, which cannot be carried out without evicting the tenant. The Court clarified that minor repairs do not warrant eviction. It was determined that the High Court's powers under Section 15(5) of the Act are broader than those under Section 115 of the Civil Procedure Code, allowing for consideration of subsequent events up to the eviction order. The appeal was dismissed, affirming the District Judge's decision to allow the tenant to remain in possession.