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august 2016

Supreme Court of India · 2016-08-09

Ambika Savaaria & Ors vs Sanjay Sharma & Ors

Citation / case number
AIR 2016 SUPREME COURT 3681
Court
Supreme Court of India
Petitioner
Ambika Savaaria & Ors
Respondent
Sanjay Sharma & Ors
Author
Uday Umesh Lalit
Bench
Uday Umesh Lalit, C. Nagappan

Judgment text excerpt

The Supreme Court held that under Section 12(1)(e) of the Chhattisgarh Accommodation Control Act, 1961, a plaintiff must establish ownership of the accommodation to succeed in an eviction suit based on bona fide need. The Court found that the High Court erred in its judgment by requiring proof of ownership, as the concurrent findings of the Trial Court and Lower Appellate Court established the plaintiffs' bona fide need for the property. The Supreme Court reversed the High Court's decision, reinstating the eviction decree in favor of the appellants.

Ambika Savaaria & Ors vs Sanjay Sharma & Ors · Niyam