Supreme Court of India · 2013-05-09
Anamika Roy vs Jatindra Chowrasiya & Ors
- Citation / case number
- AIR 2013 SUPREME COURT 2159
- Court
- Supreme Court of India
- Petitioner
- Anamika Roy
- Respondent
- Jatindra Chowrasiya & Ors
- Author
- M.Y. Eqbal
- Bench
- M.Y. Eqbal, P. Sathasivam
Judgment text excerpt
The Supreme Court held that under Section 13(4) of the West Bengal Premises Tenancy Act, 1956, the court must consider if the plaintiff's requirement can be met by evicting the tenant from only a part of the property. The Court found that the lower courts erred in ordering eviction of the entire premises without considering this provision. The appeal was allowed, and the matter was remitted to the trial court for reconsideration of the eviction order based on the plaintiff's actual needs.