Supreme Court of India · 2001-11-09
RAJENDRA TIWARY vs BASUDEO PRASAD
- Citation / case number
- SC 1997/20676
- Court
- Supreme Court of India
- Petitioner
- RAJENDRA TIWARY
- Respondent
- BASUDEO PRASAD
- Author
- Syed Shah Mohammed Quadri
- Bench
- S.N.PHUKAN S.S.N.QUADRI
Judgment text excerpt
The Supreme Court upheld the High Court's decision in Second Appeal No.304 of 1990, which allowed the plaintiffs' appeal for eviction under The Bihar Building (Lease, Rent & Eviction) Control Act, 1982, specifically citing Section 11(1)(d) for default in rent, Section 11(1)(c) for reasonable personal requirement, and Section 11(1)(b) for damage to the premises. The Court clarified that the title of the plaintiffs was sufficient to grant an equitable decree of eviction, despite the defendant's claims of ownership through an alleged agreement. The Court remanded the case for further proceedings consistent with its findings on title and eviction grounds.