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april 1999

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.

D L KAMBLE vs ABDUL R M KOTKUNDE · Niyam