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september 1987

Supreme Court of India · 1987-09-08

KRISHNAN NAIR & ANR. ETC. vs GHOUSE BASHA

Citation / case number
SC 1987/70956
Court
Supreme Court of India
Petitioner
KRISHNAN NAIR & ANR. ETC.
Respondent
GHOUSE BASHA
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court upheld the eviction order under Section 10(3)(a)(iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, affirming that the landlord's bona fide requirement for the demised premises for his sons' business was valid. The Court clarified that if the partnership deed does not exclude the sons from management, they are not considered sleeping partners, thus justifying the need for accommodation. The appeal was dismissed, maintaining the High Court's decision that the landlord was entitled to eviction based on the sons' active involvement in the business.

KRISHNAN NAIR & ANR. ETC. vs GHOUSE BASHA · Niyam