Supreme Court of India · 2004-10-07
Shri Kailash Chand And Another vs Sh. Dharam Dass
- Court
- Supreme Court of India
- Petitioner
- Shri Kailash Chand And Another
- Respondent
- Sh. Dharam Dass
- Bench
- Arijit Pasayat, C.K. Thakker
Judgment text excerpt
The Supreme Court held that the High Court erred in dismissing the landlord's eviction petition under the Himachal Pradesh Urban Rent Control Act, 1987, based on the tenant's argument regarding the maintainability of the petition due to prior possession of another unit. The Court clarified that the landlord's bona fide requirement for personal occupation under Section 14(3) of the Act was valid, and the previous possession did not bar the current application. The Court reversed the High Court's decision and reinstated the eviction order granted by the Rent Controller.