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february 2007

Supreme Court of India · 2007-02-14

SHANTILAL KESHARMAL GANDHI vs PRABHAKAR BALKRISHNA MAHANUBHAV

Citation / case number
SC 2005/19962
Court
Supreme Court of India
Petitioner
SHANTILAL KESHARMAL GANDHI
Respondent
PRABHAKAR BALKRISHNA MAHANUBHAV
Bench
A.K. MATHUR & P.K. BALASUBRAMANYAN

Judgment text excerpt

The Supreme Court upheld the eviction of the tenant under Section 13(1)(a), (c), and (k) of the Bombay Rent, Hotel & Lodging House Rates Control Act, 1947, confirming that the tenant's use of the premises for commercial purposes constituted a breach of the original letting terms. The Court found that the tenant had caused nuisance by blocking common areas and had not used the premises for residential purposes for over six months, thus justifying eviction. The judgment emphasized the importance of adhering to the terms of the lease as per Section 108(o) of the Transfer of Property Act.

SHANTILAL KESHARMAL GANDHI vs PRABHAKAR BALKRISHNA MAHANUBHAV · Niyam