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july 2008

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.

Somanathasa Baddi vs Chanabasappa & Ors · Niyam