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december 1987

Supreme Court of India · 1987-12-02

BRIJENDRA NATH BHARGAVA & ANR. vs HARSH WARDHAN & ORS.

Citation / case number
SC 1983/65937
Court
Supreme Court of India
Petitioner
BRIJENDRA NATH BHARGAVA & ANR.
Respondent
HARSH WARDHAN & ORS.
Author
G.L. OZA
Bench
G.L. OZA

Judgment text excerpt

The Supreme Court held that under Section 13(1)(c) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, the absence of prior notice regarding material alterations, such as the construction of a wooden balcony, invalidates the eviction decree. The Court found that the original landlord did not raise objections about the balcony in earlier notices, and discrepancies in the pleadings indicated that the alleged material alteration did not impair the property's value. Consequently, the Court allowed the appeal and set aside the eviction order.

BRIJENDRA NATH BHARGAVA & ANR. vs HARSH WARDHAN & ORS. · Niyam