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april 2014

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.

Kalpesh Hemantbhai Shah vs Manhar Auto Stores Thru Its Partner& Ors · Niyam