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.