Supreme Court of India · 2008-01-18
Indian Saree House & Ors vs G. Radhalakshmy & Ors
- Court
- Supreme Court of India
- Petitioner
- Indian Saree House & Ors
- Respondent
- G. Radhalakshmy & Ors
- Bench
- Ashok Bhan, Aftab Alam
Judgment text excerpt
The Supreme Court addressed the eviction of tenants under the Kerala Buildings (Lease and Rent Control) Act, 1965, specifically Sections 11(3) and 11(8). The Court held that the High Court erred in considering the landlord's bona fide need under Section 11(8) after the landlords had abandoned that ground before the Rent Control Court. The Court emphasized that once a ground for eviction is given up, it cannot be revived by the High Court, leading to the conclusion that the eviction order under Section 11(3) was not applicable in this case.