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november 2001

Supreme Court of India · 2001-11-08

SHASHI KAPILA vs R.P. ASHWIN

Citation / case number
SC 2000/13675
Court
Supreme Court of India
Petitioner
SHASHI KAPILA
Respondent
R.P. ASHWIN
Author
S.N. VARIAVA K.T. THOMAS
Bench
S.N. VARIAVA K.T. THOMAS

Judgment text excerpt

The Supreme Court addressed the eviction of a tenant under the Karnataka Rent Control Act, specifically Section 21(1), where the landlord sought eviction on grounds of default in rent and bona fide need for personal occupation. The Court upheld the High Court's decision to restrict eviction to the bona fide need of the landlord, rejecting the tenant's claim of being an agreement holder under Section 53A of the Transfer of Property Act, as there was insufficient evidence to support this claim. The Court concluded that the tenant's defense did not negate the landlord's bona fide requirement for the premises, thus affirming the eviction order.

SHASHI KAPILA vs R.P. ASHWIN · Niyam