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october 2005

Supreme Court of India · 2005-10-04

M/S. SAIT NAGJEE PURUSHOTHAM & CO. LTD. vs VIMALABAI PRABHULAL .

Citation / case number
SC 2002/63419
Court
Supreme Court of India
Petitioner
M/S. SAIT NAGJEE PURUSHOTHAM & CO. LTD.
Respondent
VIMALABAI PRABHULAL .
Author
A.K. MATHUR
Bench
A.K. MATHUR ARUN KUMAR

Judgment text excerpt

The Supreme Court upheld the eviction of the tenant under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, affirming the appellate authority's finding of bona fide need for the landlords' own occupation. The Court clarified that while the landlords established their need under Section 11(3), they failed to prove unauthorized sub-letting and material alterations under Sections 11(4)(i) and 11(4)(ii). Consequently, the appeal was partly allowed, granting eviction solely on the basis of bona fide need.

M/S. SAIT NAGJEE PURUSHOTHAM & CO. LTD. vs VIMALABAI PRABHULAL . · Niyam