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july 2008

Supreme Court of India · 2008-07-18

SOMANATHASA BADDI vs CHANABASAPPA .

Citation / case number
SC 2006/24402
Court
Supreme Court of India
Petitioner
SOMANATHASA BADDI
Respondent
CHANABASAPPA .
Author
B.N. AGRAWAL,G.S. SINGHVI, , ,
Bench
B.N. AGRAWAL,G.S. SINGHVI, , ,

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 to invoke the presumption of bona fide necessity as per Explanation (i). The Court found that the absence of such an affidavit in the present case invalidated the eviction order granted by the Rent Controller and upheld by the Additional District Judge and High Court. Consequently, the Court set aside the eviction order, emphasizing that the presumption is rebuttable only when the affidavit is present.

SOMANATHASA BADDI vs CHANABASAPPA . · Niyam