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december 1987

Supreme Court of India · 1987-12-09

SMT. JAHEJO DEVI & ORS. A vs MOHARAM ALI

Citation / case number
SC 1987/71021
Court
Supreme Court of India
Petitioner
SMT. JAHEJO DEVI & ORS. A
Respondent
MOHARAM ALI
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court held that the High Court erred in interfering with the concurrent findings of fact by the trial and first appellate courts regarding the tenant's default in rent payment and the landlord's bona fide need under Section 12(1) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1977. The Court found that the tenant was a habitual defaulter and had sent rent to an incorrect address, thus invalidating the tender. The landlords' need for the shop was established as reasonable and bona fide, justifying eviction.

SMT. JAHEJO DEVI & ORS. A vs MOHARAM ALI · Niyam