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october 1966

Supreme Court of India · 1966-10-12

BABU MANMOHAN DAS SHAH & ORS. vs BISHUN DAS

Citation / case number
SC 1964/90530
Court
Supreme Court of India
Petitioner
BABU MANMOHAN DAS SHAH & ORS.
Respondent
BISHUN DAS
Bench
SHELAT, J.M.

Judgment text excerpt

The Supreme Court held that under Section 3(1)(c) of the U.P. (Temporary) Control of Rent and Eviction Act, 1947, a landlord is entitled to evict a tenant for material alterations without needing to prove diminished value of the property. The Court clarified that the clause provides two independent grounds for eviction: either the alterations materially change the accommodation or are likely to diminish its value. The High Court's interpretation requiring both conditions was rejected, and the appeal was allowed, affirming the landlord's right to evict based solely on the material alterations made by the tenant.

BABU MANMOHAN DAS SHAH & ORS. vs BISHUN DAS · Niyam