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november 2001

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.

RAJENDRA TIWARY vs BASUDEO PRASAD · Niyam