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october 2001

Supreme Court of India · 2001-10-31

Sri Kempaiah vs Lingaiah & Ors

Citation / case number
2001 AIR SCW 5248
Court
Supreme Court of India
Petitioner
Sri Kempaiah
Respondent
Lingaiah & Ors
Bench
R.P. Sethi, S.N. Phukan

Judgment text excerpt

The Supreme Court upheld the High Court's decision to set aside the Trial Court's order for eviction under Section 21(1)(h) of the Karnataka Rent Control Act, affirming that the landlord failed to demonstrate a reasonable bonafide requirement for the premises. The Court noted that the High Court's revisional powers under Section 50 of the Act allow for a broader appreciation of evidence, which was appropriately exercised in this case. Additionally, the landlord's claim of non-payment of rent was found insufficient as he could not specify the rent due from each tenant, leading to the conclusion that the Trial Court's findings were justified.

Sri Kempaiah vs Lingaiah & Ors · Niyam