Supreme Court of India · 2005-11-23
M/S. KARTA RAM RAMESHWAR DASS vs RAM BILAS .
- Citation / case number
- SC 2003/3858
- Court
- Supreme Court of India
- Petitioner
- M/S. KARTA RAM RAMESHWAR DASS
- Respondent
- RAM BILAS .
- Author
- A.K.MATHUR B.N.AGRAWAL
- Bench
- A.K.MATHUR B.N.AGRAWAL
Judgment text excerpt
The Supreme Court upheld the partition of a shop under the Haryana Urban (Control of Rent and Eviction) Act, 1973, affirming that the shop should be partitioned longitudinally rather than horizontally, as the latter would unjustly favor one party due to the unequal value of the portions. The Court emphasized that the tenant's rights must be respected, and eviction can only occur through the proper legal channels as outlined in the Act. The final decree of the trial court was maintained, allowing the tenant to continue occupying the premises until legally evicted.