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december 1998

Supreme Court of India · 1998-12-15

SAVITRABAI BHAUSAHEB KEVATE vs RAICHAND DHANRAJ LUNIA

Citation / case number
SC 1997/20178
Court
Supreme Court of India
Petitioner
SAVITRABAI BHAUSAHEB KEVATE
Respondent
RAICHAND DHANRAJ LUNIA
Author
S.SAGHIR AHMAD,,M. JAGANNADHA RAO.
Bench
S.SAGHIR AHMAD,,M. JAGANNADHA RAO.

Judgment text excerpt

The Supreme Court held that under Section 13(1)(g) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, a landlord can seek eviction on the grounds of bona fide requirement for personal use. The Court found that the trial court and the District Court had correctly determined that the landlord's need for the shop for his son to start a business was genuine and that the hardship to the landlord outweighed that of the tenant. Consequently, the Supreme Court set aside the High Court's judgment which had overturned the lower courts' decisions, thereby upholding the eviction order.

SAVITRABAI BHAUSAHEB KEVATE vs RAICHAND DHANRAJ LUNIA · Niyam