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september 1989

Supreme Court of India · 1989-09-01

IDUL HASAN & ORS. vs RAJINDRA KUMAR JAIN

Citation / case number
SC 1980/63412
Court
Supreme Court of India
Petitioner
IDUL HASAN & ORS.
Respondent
RAJINDRA KUMAR JAIN
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court upheld the eviction of tenants under Section 3(1)(c) of the Act of 1947, confirming that the alterations made by the tenants materially changed the accommodation. The Court clarified that the landlord's right to evict is governed by the Transfer of Property Act, and the suit remains valid despite the enactment of the Act of 1972. The Court allowed a grace period until September 30, 1990, for the tenants to remain in possession, provided they submit an undertaking, emphasizing the need for justice and consideration of the tenants' circumstances.

IDUL HASAN & ORS. vs RAJINDRA KUMAR JAIN · Niyam