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april 2004

Supreme Court of India · 2004-04-12

RAICHURMATHAM PRABHAKAR vs RAWATMAL DUGAR

Citation / case number
SC 1999/708
Court
Supreme Court of India
Petitioner
RAICHURMATHAM PRABHAKAR
Respondent
RAWATMAL DUGAR
Author
R.C. Lahoti
Bench
ASHOK BHAN. R.C. LAHOTI

Judgment text excerpt

The Supreme Court addressed the eviction of tenants under Clause (b) of sub-Section (1) of Section 12 of the A.P. Buildings (Lease, Rent and Eviction) Control Act, 1960, affirming that a landlord's bona fide requirement for demolition and reconstruction justifies eviction. The Court held that the landlord's offer to the tenants for a new lease at a significantly higher rent after substantial alterations constituted a valid change in tenancy terms. The tenants' failure to respond to the landlord's offer was deemed a waiver of their rights to reclaim the original premises, leading to the dismissal of their execution petitions.

RAICHURMATHAM PRABHAKAR vs RAWATMAL DUGAR · Niyam