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april 2014

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.

KALPESH HEMANTBHAI SHAH vs MANHAR AUTO STORES THRU ITS PARTNER · Niyam