Niyam v2 is live — start for just ₹100 — 200 credits to try

may 2013

Supreme Court of India · 2013-05-09

ANAMIKA ROY vs JATINDRA CHOWRASIYA .

Citation / case number
SC 2011/32642
Court
Supreme Court of India
Petitioner
ANAMIKA ROY
Respondent
JATINDRA CHOWRASIYA .
Author
M.Y. EQBAL P. SATHASIVAM
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 for eviction can be satisfied by evicting the defendant from only a part of the suit property. The Court overturned the Calcutta High Court's decision that had remitted the matter to the trial court, emphasizing the necessity of evaluating the plaintiff's need for the entire premises. The appeal was allowed, reinstating the trial court's decree for eviction against the defendant.

ANAMIKA ROY vs JATINDRA CHOWRASIYA . · Niyam