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august 1984

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.

THE COLONEL BROWN CAMBRIDGE SCHOOL vs THE ADDL DIST. JUDGE · Niyam