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january 1984

Supreme Court of India · 1984-01-31

SHIVRAM ANAND SHIROOR vs RADHABAI SHANTRAM KOWSHIK AND ANOTHER

Citation / case number
SC 1981/63659
Court
Supreme Court of India
Petitioner
SHIVRAM ANAND SHIROOR
Respondent
RADHABAI SHANTRAM KOWSHIK AND ANOTHER
Author
O. CHINNAPPA REDDY
Bench
O. CHINNAPPA REDDY

Judgment text excerpt

The Supreme Court held that under Section 13 A-1 of the Bombay Rent Hotel and Lodging House Rates Control Act, 1947, a retired member of the armed forces can seek eviction of a tenant on the grounds of bona fide requirement, even if the tenant was in occupation when the landlord became the owner. The Court emphasized that the Act is welfare legislation aimed at protecting tenants, and thus should be interpreted liberally to fulfill its objectives. The High Court's decision to deny eviction was overturned, affirming the appellant's right to regain possession of the flat.

SHIVRAM ANAND SHIROOR vs RADHABAI SHANTRAM KOWSHIK AND ANOTHER · Niyam