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august 2001

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.

Laxmidas Bapudas Darbar And Anr vs Smt. Rudravva And Others · Niyam