Supreme Court of India · 2009-09-17
Bibi Zafira Khatoon & Ors vs Md. Hussain & Anr
- Citation / case number
- AIR 2009 SC (SUPP) 2514
- Court
- Supreme Court of India
- Petitioner
- Bibi Zafira Khatoon & Ors
- Respondent
- Md. Hussain & Anr
- Author
- G.S. Singhvi
- Bench
- R.M. Lodha, G.S. Singhvi, Tarun Chatterjee
Judgment text excerpt
The Supreme Court upheld the trial court's decision that the Mahadanama dated 9.1.1982 was not a legally admissible document under the Transfer of Property Act, thus invalidating the claim for specific performance by respondent No.1. The court affirmed the eviction of respondent No.2 on grounds of default in rent payment and personal necessity of the appellants, as outlined in Section 11(1)(a) and Section 12(1)(a) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982. The appeal was dismissed, confirming the eviction order.