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december 2002

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.

AKHILESHWAR KUMAR vs MUSTAQIM · Niyam