Supreme Court of India · 1999-04-28
D L KAMBLE vs ABDUL R M KOTKUNDE
- Citation / case number
- SC 1997/12347
- Court
- Supreme Court of India
- Petitioner
- D L KAMBLE
- Respondent
- ABDUL R M KOTKUNDE
- Author
- K.T.THOMAS S.SAGHIR AHMAD
- Bench
- K.T.THOMAS S.SAGHIR AHMAD
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 must prove that the premises are reasonably and bona fide required for personal occupation. The Court found that the High Court erred in its assessment by requiring the landlord to demonstrate prior experience in the business he intended to start, which is not a prerequisite under the statute. Consequently, the Supreme Court set aside the High Court's decision and reinstated the eviction order in favor of the landlord.