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july 2008

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.

A.K.Jain vs Prem Kapoor · Niyam