Supreme Court of India · 2008-07-18
Somanathasa Baddi vs Chanabasappa & Ors
- Citation / case number
- AIRONLINE 2008 SC 302
- Court
- Supreme Court of India
- Petitioner
- Somanathasa Baddi
- Respondent
- Chanabasappa & Ors
- Bench
- G.S. Singhvi, B.N. Agrawal
Judgment text excerpt
The Supreme Court held that under Section 27(2)(r) of the Karnataka Rent Act, 1999, an eviction petition must be supported by an affidavit for the presumption of bona fide necessity to apply, as stated in Explanation (i). The Court found that the absence of such an affidavit in the respondents' eviction petition invalidated the reliance on the presumption, leading to the conclusion that the eviction order was improperly granted. Consequently, the Court set aside the orders of the Rent Controller and Additional District Judge, allowing the appeal.