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november 1998

Supreme Court of India · 1998-11-20

SRINIVASIAH vs SRI BALAJI KRISHNA HARDWARE STORES

Citation / case number
SC 1998/4464
Court
Supreme Court of India
Petitioner
SRINIVASIAH
Respondent
SRI BALAJI KRISHNA HARDWARE STORES
Author
M. JAGANNADHA RAO S.SAGHIR AHMAD
Bench
M. JAGANNADHA RAO S.SAGHIR AHMAD

Judgment text excerpt

The Supreme Court reviewed its earlier judgment in Sree Balaji Krishna Hardware Stores Vs. Srinivasiah, where it had allowed a tenant's appeal against eviction on the grounds of bona fide requirement. The Court found that it had not considered the findings of the Rent Controller and appellate authority regarding the suitability of a vacant shop behind the tenant's shop for the landlord's son's business. The review revealed that the tenant had admitted the vacant portion was only suitable as a godown, thus the earlier decision was reconsidered in light of this evidence, leading to the conclusion that the landlord's requirement was indeed bona fide.

SRINIVASIAH vs SRI BALAJI KRISHNA HARDWARE STORES · Niyam