Supreme Court of India · 2014-04-01
KALPESH HEMANTBHAI SHAH vs MANHAR AUTO STORES THRU ITS PARTNER
- Citation / case number
- SC 2011/2393
- Court
- Supreme Court of India
- Petitioner
- KALPESH HEMANTBHAI SHAH
- Respondent
- MANHAR AUTO STORES THRU ITS PARTNER
- Author
- Sudhansu Jyoti Mukhopadhaya
- Bench
- KURIAN JOSEPH SUDHANSU JYOTI MUKHOPADHAYA
Judgment text excerpt
The Supreme Court held that the High Court exceeded its jurisdiction under Articles 226 and 227 of the Constitution of India by interfering with the Appellate Court's findings of fact regarding the landlord's bonafide need under Section 7(5) of the Maharashtra Rent Control Act. The Court emphasized that the Appellate Court had correctly determined the landlord's requirement for the suit premises and that denying eviction would cause greater hardship to the landlord. Consequently, the Supreme Court set aside the High Court's judgment and restored the Appellate Court's order for eviction.