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february 2003

Supreme Court of India · 2003-02-17

BHIMANAGOUDA BASANAGOUDA PATIL vs MOHAMMAD GUDUSAHEB

Citation / case number
SC 2000/7149
Court
Supreme Court of India
Petitioner
BHIMANAGOUDA BASANAGOUDA PATIL
Respondent
MOHAMMAD GUDUSAHEB
Author
SANTOSH HEGDE
Bench
N.SANTOSH HEGDE & B.P.SINGH.

Judgment text excerpt

The Supreme Court held that under Section 21(1)(a) & (h) of the Karnataka Rent Control Act, 1961, a landlord's genuine need for personal use must be weighed against the tenant's hardship. The Court found that the lower courts erred in concluding that the tenant would suffer greater hardship despite affirming the landlord's bona fide requirement for the premises. The Supreme Court reversed the High Court's decision and allowed the eviction petition, emphasizing the landlord's right to reclaim property for personal use when genuine need is established.

BHIMANAGOUDA BASANAGOUDA PATIL vs MOHAMMAD GUDUSAHEB · Niyam