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may 1992

Supreme Court of India · 1992-05-05

K.A. ANTHAPPAI vs C. AHAMMED

Citation / case number
SC 1992/87158
Court
Supreme Court of India
Petitioner
K.A. ANTHAPPAI
Respondent
C. AHAMMED
Author
S.C. AGRAWAL
Bench
S.C. AGRAWAL

Judgment text excerpt

The Supreme Court held that the revisional jurisdiction under Section 20 of the Rent Act is broader than that under Section 115 CPC, but it should not equate to an appeal. The Court emphasized that findings of fact by subordinate authorities should not be interfered with unless unsupported by evidence. The Court upheld the landlord's claim for eviction based on bona fide need under Section 11(3), stating that the requirement for repairs does not negate the bona fide nature of the landlord's claim. The Appellate Authority's failure to consider the tenant's entitlement to the second proviso of Section 11(3) necessitated further examination of the case.

K.A. ANTHAPPAI vs C. AHAMMED · Niyam