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february 2006

Supreme Court of India · 2006-02-23

USHABAI vs M/S. BALKRISHNA BIHARILAL .

Citation / case number
SC 2003/12469
Court
Supreme Court of India
Petitioner
USHABAI
Respondent
M/S. BALKRISHNA BIHARILAL .
Bench
A.R.LAKSHMANAN & A.K. MATHUR

Judgment text excerpt

The Supreme Court upheld the eviction of defendants under Section 12(1)(f) of the Madhya Pradesh Accommodation Control Act, affirming the plaintiffs' bona fide need for the premises for their son Pramod's business. The Court clarified that the relationship of landlord and tenant persisted despite the mortgage deed executed in 1964, and the plaintiffs had validly redeemed the mortgage. The Court reversed the High Court's order, restoring the eviction decree granted by the first appellate court.

USHABAI vs M/S. BALKRISHNA BIHARILAL . · Niyam