Supreme Court of India · 2001-08-27
Laxmidas Bapudas Darbar And Anr vs Smt. Rudravva And Others
- Citation / case number
- AIR 2001 SUPREME COURT 3738
- Court
- Supreme Court of India
- Petitioner
- Laxmidas Bapudas Darbar And Anr
- Respondent
- Smt. Rudravva And Others
- Author
- Brijesh Kumar
- Bench
- S.P. Bharucha, Brijesh Kumar
Judgment text excerpt
The Supreme Court held that a petition for eviction under Section 21(1)(h) of the Karnataka Rent Control Act, 1961 is maintainable even during the subsistence of a fixed-term lease, provided the landlord demonstrates a reasonable and bona fide requirement for the property. The Court clarified that there is no presumption of a perpetual lease without clear language in the lease agreement, thus upholding the High Court's decision that the lease in question was not perpetual. The Court affirmed the High Court's ruling allowing the eviction petition, reversing the District Court's finding of a perpetual lease.