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february 2007

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.

JULIETA ANTONIETA TARCATO vs SULEIMAN ISMAIL · Niyam