Supreme Court of India · 1984-08-24
THE COLONEL BROWN CAMBRIDGE SCHOOL vs THE ADDL DIST. JUDGE
- Citation / case number
- SC 1984/65331
- Court
- Supreme Court of India
- Petitioner
- THE COLONEL BROWN CAMBRIDGE SCHOOL
- Respondent
- THE ADDL DIST. JUDGE
- Author
- SYED MURTAZA FAZALALI
- Bench
- SYED MURTAZA FAZALALI
Judgment text excerpt
The Supreme Court held that the High Court erred in accepting the trial court's finding on partial eviction without scrutiny, as it bypassed the appellate court, violating the tenant's right to appeal. The Court emphasized that the High Court must objectively assess the landlord's reasonable requirement under the Proviso to Section 12(1)(c) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1977, which allows for partial eviction if it substantially satisfies the landlord's needs. The case was remanded to the High Court for fresh consideration of the evidence in light of these principles.