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november 2005

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.

M/S. KARTA RAM RAMESHWAR DASS vs RAM BILAS . · Niyam