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october 1977

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.

CHANDER KALI BAI & ORS. vs JAGDISH SINGH THAKUR · Niyam