Supreme Court of India · 2008-01-18
INDIAN SAREE HOUSE vs G. RADHALAKSHMY .
- Citation / case number
- SC 2006/17918
- Court
- Supreme Court of India
- Petitioner
- INDIAN SAREE HOUSE
- Respondent
- G. RADHALAKSHMY .
- Bench
- ASHOK BHAN & AFTAB ALAM
Judgment text excerpt
The Supreme Court addressed the applicability of Sections 11(3) and 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965 in eviction proceedings. 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 the principle of res judicata applies, and the findings of the lower courts regarding bona fide need under Section 11(3) were upheld, leading to the dismissal of the appeal.