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july 2011

Supreme Court of India · 2011-07-04

V.Sumatiben Maganlal Manani (D) By Lr vs Uttamchand Kashiprasad Shah And Anr

Court
Supreme Court of India
Petitioner
V.Sumatiben Maganlal Manani (D) By Lr
Respondent
Uttamchand Kashiprasad Shah And Anr
Author
Aftab Alam
Bench
Aftab Alam, R.M. Lodha

Judgment text excerpt

The Supreme Court held that the High Court's decision to set aside the eviction decree was erroneous as it disregarded the findings of non-user and sub-letting by the tenant, which are grounds for eviction under the relevant tenancy laws. The Court emphasized that the tenant's failure to use the premises for six months constituted a valid reason for eviction under the applicable provisions. Consequently, the Court restored the eviction order in favor of the landlady, affirming the lower courts' findings on non-user and sub-letting.

V.Sumatiben Maganlal Manani (D) By Lr vs Uttamchand Kashiprasad Shah And Anr · Niyam