Supreme Court of India · 2002-12-12
AKHILESHWAR KUMAR vs MUSTAQIM
- Citation / case number
- SC 1999/1723
- Court
- Supreme Court of India
- Petitioner
- AKHILESHWAR KUMAR
- Respondent
- MUSTAQIM
- Author
- R.C. Lahoti
- Bench
- BRIJESH KUMAR R.C. LAHOTI
Judgment text excerpt
The Supreme Court reinstated the eviction decree under Section 11(1)(c) of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982, which the High Court had set aside. The Court found that the trial Court's conclusion regarding the genuine need of the landlords for the premises was supported by overwhelming evidence, despite the High Court's assertion that the need was merely a desire. The Court emphasized that the plaintiffs, particularly plaintiff No.1, had a bona fide requirement to start an independent business, and the High Court's reasoning was flawed, leading to a failure of justice.