Supreme Court of India · 2008-07-28
A.K.Jain vs Prem Kapoor
- Citation / case number
- AIR 2008 SUPREME COURT 3194
- Court
- Supreme Court of India
- Petitioner
- A.K.Jain
- Respondent
- Prem Kapoor
- Author
- Aftab Alam
- Bench
- Aftab Alam, Tarun Chatterjee
Judgment text excerpt
The Supreme Court held that under Section 13(3)(a)(i) of the Haryana Urban (Control of Rent & Eviction) Act, 1973, the landlord must establish personal necessity for eviction. The Court found that the High Court erred in dismissing the eviction petition based on insufficient averments, as the appellant's need for the tenanted portion was substantiated by the growing family and the impending retirement. Consequently, the Supreme Court set aside the High Court's order and reinstated the appellate authority's decision allowing eviction.