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may 2004

Supreme Court of India · 2004-05-05

SHAKUNTALA BAI vs NARAYAN DAS

Citation / case number
SC 1997/22024
Court
Supreme Court of India
Petitioner
SHAKUNTALA BAI
Respondent
NARAYAN DAS
Author
G.P. MATHUR
Bench
CJI& G.P. MATHUR.

Judgment text excerpt

The Supreme Court held that the bona fide need for eviction under the relevant tenancy laws must persist throughout the pendency of the appeal. The Court found that the High Court erred in dismissing the eviction suit on the grounds of the landlord's death, emphasizing that the heirs can continue the suit if they also have a bona fide requirement. The judgment of the High Court was set aside, and the eviction suit was reinstated, affirming the principle that the need for the premises must be established by the landlord or their legal representatives even after the landlord's death.

SHAKUNTALA BAI vs NARAYAN DAS · Niyam