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september 1987

Supreme Court of India · 1987-09-01

DR. SAROJ KUMAR DAS vs ARJUN PRASAD JOGANI

Citation / case number
SC 1983/66147
Court
Supreme Court of India
Petitioner
DR. SAROJ KUMAR DAS
Respondent
ARJUN PRASAD JOGANI
Author
G.L. OZA
Bench
G.L. OZA

Judgment text excerpt

The Supreme Court held that the mere availability of alternative accommodation does not suffice to deny a decree for eviction if the landlord's genuine requirement is established. The Court emphasized that the alternative accommodation must be reasonably suitable, and in this case, the flat on the 13th floor in South Calcutta was deemed unsuitable for the appellant, a medical practitioner, who had established his practice in a different locality. The High Court's decision to set aside the eviction decree was overturned, affirming the landlord's genuine need for the premises under consideration.

DR. SAROJ KUMAR DAS vs ARJUN PRASAD JOGANI · Niyam