Supreme Court of India · 2003-05-01
ABDUL SATTAR vs KHUTEJABI .
- Citation / case number
- SC 1998/20422
- Court
- Supreme Court of India
- Petitioner
- ABDUL SATTAR
- Respondent
- KHUTEJABI .
- Author
- A petition for eviction of the tenants on the ground available under clause
- Bench
- R.C. LAHOTI & B.N. AGRAWAL
Judgment text excerpt
The Supreme Court upheld the High Court's decision reversing the eviction order under Section 21(1)(p) of the Karnataka Rent Control Act, 1961, stating that the allotment of a house to the tenant's son prior to the inheritance of tenancy rights did not constitute grounds for eviction. The Court clarified that the acquisition of a suitable building must be in the tenant's capacity as a tenant, and since the allotment occurred when the father was the tenant, it did not apply. Consequently, the appeal by the landlord was dismissed, affirming the High Court's interpretation of the law.