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.