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april 2009

Supreme Court of India · 2009-04-08

KUSUM DEVI vs MOHAN LAL (DEAD) BY LRS.

Citation / case number
SC 2000/10652
Court
Supreme Court of India
Petitioner
KUSUM DEVI
Respondent
MOHAN LAL (DEAD) BY LRS.
Author
B.N. AGRAWAL

Judgment text excerpt

The Supreme Court upheld the eviction of the respondent-tenant under Section 12(1)(e) and (g) of the Madhya Pradesh Accommodation Control Act, 1961, confirming that the landlady's need for residential accommodation was bona fide and that necessary repairs could not be conducted while the tenant occupied the premises. The Court found that the High Court erred in its interpretation that both grounds could not be considered together, thereby reversing the High Court's decision and reinstating the trial court's decree for eviction. The judgment clarified the applicability of the Act's provisions in eviction suits.

KUSUM DEVI vs MOHAN LAL (DEAD) BY LRS. · Niyam