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april 2000

Supreme Court of India · 2000-04-24

Gantusa H. Baddi (Dead) By Lrs vs Meerabai G. Pai & Ors

Citation / case number
AIR 2000 SUPREME COURT 1724
Court
Supreme Court of India
Petitioner
Gantusa H. Baddi (Dead) By Lrs
Respondent
Meerabai G. Pai & Ors
Bench
S.V.Patil, R.P.Sethi

Judgment text excerpt

The Supreme Court addressed the issue of whether tenancy rights in non-residential premises under the Karnataka Rent Control Act are heritable. The Court noted the conflicting judgments in Venkatesh Thimmaiah Gurjalkar vs. S.S. Hawaldar and Vishnu Narayan Gadskari, leading to the referral of the matter to a larger bench. The Court upheld the High Court's dismissal of the tenant's revision petition based on the finding that the tenant had acquired an alternative suitable premise, as per Section 21(1)(p) of the Act, while also recognizing the non-heritable nature of the tenancy post the tenant's death under the Act.

Gantusa H. Baddi (Dead) By Lrs vs Meerabai G. Pai & Ors · Niyam