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july 2011

Supreme Court of India · 2011-07-04

V.SUMATIBEN MAGANLAL MANANI (D) BY LR. vs UTTAMCHAND KASHIPRASAD SHAH

Citation / case number
SC 1999/16230
Court
Supreme Court of India
Petitioner
V.SUMATIBEN MAGANLAL MANANI (D) BY LR.
Respondent
UTTAMCHAND KASHIPRASAD SHAH
Author
AFTAB ALAM
Bench
AFTAB ALAM,R.M. LODHA, , ,

Judgment text excerpt

The Supreme Court upheld the principle that under Section 13(1)(k) of the Bombay Rent Act, a tenant can be evicted for non-user of the premises for six months without reasonable cause. The Court found that the High Court erred in setting aside the eviction decree granted by the trial court and affirmed by the appellate court, as the tenant had not sufficiently demonstrated the use of the premises for the intended purpose. Consequently, the Court restored the eviction order against the tenant, emphasizing the importance of the tenant's obligation to utilize the premises as per the lease agreement.

V.SUMATIBEN MAGANLAL MANANI (D) BY LR. vs UTTAMCHAND KASHIPRASAD SHAH · Niyam