Supreme Court of India · 2014-04-01
Kalpesh Hemantbhai Shah vs Manhar Auto Stores Thru Its Partner& Ors
- Citation / case number
- AIR 2014 SUPREME COURT 1561
- Court
- Supreme Court of India
- Petitioner
- Kalpesh Hemantbhai Shah
- Respondent
- Manhar Auto Stores Thru Its Partner& Ors
- Bench
- Kurian Joseph, Sudhansu Jyoti Mukhopadhaya
Judgment text excerpt
The Supreme Court addressed the jurisdiction of the High Court under Articles 226 and 227 of the Constitution of India in landlord-tenant disputes, specifically regarding the Maharashtra Rent Control Act. The Court held that the High Court erred in setting aside the Appellate Court's finding of fact concerning the landlord's bonafide need for the premises, as the Appellate Court had established that the landlord required the shop for personal use under Section 7(5) of the Maharashtra Rent Control Act. Consequently, the Supreme Court reinstated the Appellate Court's order for eviction of the tenants.