Supreme Court of India · 1977-12-07
REHMAN JEO WANGNOO vs RAM CHAND AND ORS.
- Citation / case number
- SC 1977/61676
- Court
- Supreme Court of India
- Petitioner
- REHMAN JEO WANGNOO
- Respondent
- RAM CHAND AND ORS.
- Bench
- KRISHNAIYER, V.R.
Judgment text excerpt
The Supreme Court allowed the appeal under the Jammu and Kashmir Houses and Shops Rent Control Act, 1966, specifically addressing the proviso to the Explanation to Section 11(1)(h). The Court found that the lower courts failed to properly consider whether partial eviction could satisfy the landlord's reasonable requirement, necessitating a remand for further evidence and judicial exploration. The Court directed the first appellate court to determine if partial eviction is sufficient or if the entire premises must be vacated, emphasizing that the absence of specific pleading does not preclude the court's obligation to comply with the statute.