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.