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july 2001

Supreme Court of India · 2001-07-31

N.R. NARAYAN SWAMY vs B. FRANCIS JAGAN

Citation / case number
SC 2000/10364
Court
Supreme Court of India
Petitioner
N.R. NARAYAN SWAMY
Respondent
B. FRANCIS JAGAN
Author
R.P. SETHI M.B. SHAH
Bench
R.P. SETHI M.B. SHAH

Judgment text excerpt

The Supreme Court held that the Karnataka Rent Control Act, 1961, specifically Section 45, does not bar a landlord from filing a fresh eviction suit on the ground of bona fide requirement if the previous suit was withdrawn without seeking permission. The Court clarified that bona fide requirement is a recurring cause and the genuineness of the requirement must be assessed based on the circumstances at the time of the new suit. The High Court's ruling that the second suit was not maintainable was overturned, allowing the appellant to proceed with the eviction suit.

N.R. NARAYAN SWAMY vs B. FRANCIS JAGAN · Niyam