Supreme Court of India · 1977-10-06
CHANDER KALI BAI & ORS. vs JAGDISH SINGH THAKUR
- Citation / case number
- SC 1976/60801
- Court
- Supreme Court of India
- Petitioner
- CHANDER KALI BAI & ORS.
- Respondent
- JAGDISH SINGH THAKUR
- Author
- N.L. UNTWALIA
- Bench
- N.L. UNTWALIA
Judgment text excerpt
The Supreme Court held that under Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, 1961, a landlord cannot claim eviction if they occupy another premises that is not owned by them. The Court emphasized that a tenant remains a statutory tenant even after the termination of their contractual tenancy, as per Section 2(1) of the Act, and cannot be deemed an unauthorized occupant until a decree for eviction is issued. The appeal was allowed in part, affirming the High Court's decree for eviction but clarifying the tenant's status and obligations regarding rent and damages.