Supreme Court of India · 2005-02-14
Adil Jamshed Frenchman (D) By Lrs vs Sardar Dastur Schools Trust & Ors
- Citation / case number
- AIR 2005 SUPREME COURT 996
- Court
- Supreme Court of India
- Petitioner
- Adil Jamshed Frenchman (D) By Lrs
- Respondent
- Sardar Dastur Schools Trust & Ors
- Author
- P.P. Naolekar
- Bench
- Chief Justice, G.P. Mathur, P.P. Naolekar
Judgment text excerpt
The Supreme Court addressed the application for additional evidence under Rule 27 of Order 41 of the Code of Civil Procedure, 1908, in a landlord-tenant dispute under the Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947. The Court held that the tenant failed to demonstrate that the documents sought were not available despite due diligence, thus affirming the High Court's decision to set aside the first appellate court's order allowing additional evidence. The Court confirmed the trial court's decree based on the landlord's bona fide requirement for the premises under Section 13 of the Act, upholding the eviction order.