BHAICHAND RATANSHI vs LAXMISHANKER TRIBHOYAN

The Supreme Court held that under Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, the question of greater hardship must be assessed based on evidence from both parties. The Court found that the High Court erred in denying eviction to the plaintiff, who had returned from Uganda due to political upheaval and had the means to establish a business, while the defendant was not in actual possession of the premises. The Court emphasized that the defendant's age and receipt of maintenance from a licensee did not outweigh the plaintiff's legitimate claim for eviction, leading to the allowance of the appeal and the eviction order.