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february 1974

Supreme Court of India · 1974-02-04

PHIROZE BAMANJI DESAI vs CHANDRAKANT M. PATEL & ORS.

Citation / case number
SC 1972/60315
Court
Supreme Court of India
Petitioner
PHIROZE BAMANJI DESAI
Respondent
CHANDRAKANT M. PATEL & ORS.
Bench
BHAGWATI, P.N.

Judgment text excerpt

The Supreme Court held that under Sections 13(1)(g) and 13(1)(e) of the Bombay Rents Hotel and Lodging House Rates (Control) Act, the landlord's bona fide requirement for personal use must be assessed without considering his possession of other premises. The Court ruled that the High Court's interference in the lower court's findings regarding bona fide requirement and hardship was impermissible unless there was a clear miscarriage of justice. The appeal for eviction was upheld, affirming the landlord's right to reclaim possession of the premises.

PHIROZE BAMANJI DESAI vs CHANDRAKANT M. PATEL & ORS. · Niyam