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august 1976

Supreme Court of India · 1976-08-23

SHANTILAL THAKORDAS & ORS. vs CHIMANLAL MAGANLAL TELWALA

Citation / case number
SC 1976/60904
Court
Supreme Court of India
Petitioner
SHANTILAL THAKORDAS & ORS.
Respondent
CHIMANLAL MAGANLAL TELWALA
Author
N.L. UNTWALIA
Bench
N.L. UNTWALIA

Judgment text excerpt

The Supreme Court held that under Section 13(1)(g) of the Bombay Rent Act, 1947, the right to sue for eviction on the grounds of bona fide personal need survives to the heirs of the deceased landlord. The Court overruled the decision in Phul Rani's case, establishing that the requirement of the landlord includes the needs of family members. However, it was determined that the minor son of the deceased landlord had no interest in the firm and thus could not claim a requirement for the premises, leading to the dismissal of the appeal.

SHANTILAL THAKORDAS & ORS. vs CHIMANLAL MAGANLAL TELWALA · Niyam