Supreme Court of India · 2007-02-20
JULIETA ANTONIETA TARCATO vs SULEIMAN ISMAIL
- Citation / case number
- SC 2004/20451
- Court
- Supreme Court of India
- Petitioner
- JULIETA ANTONIETA TARCATO
- Respondent
- SULEIMAN ISMAIL
- Author
- B.P.SINGH
- Bench
- H.S. BEDI B.P. SINGH
Judgment text excerpt
The Supreme Court upheld the High Court's decision in Writ Petition No.4261 of 1991, which dismissed the appellant's eviction application under the Maharashtra Rent Control Act, asserting that the appellant failed to establish a bona fide personal need for the premises as required under Section 13(1)(g) of the Act. The Court emphasized that the burden of proof lies on the landlord to demonstrate genuine need, which was not satisfactorily met in this case. Consequently, the eviction application was rejected, affirming the tenant's right to remain in possession of the flat.