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.