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june 2016

Supreme Court of India · 2016-06-29

KALIDAS C. PATEL (DEAD) BY LRS. vs SAVITABEN .

Citation / case number
SC 2005/20562
Court
Supreme Court of India
Petitioner
KALIDAS C. PATEL (DEAD) BY LRS.
Respondent
SAVITABEN .
Author
Abhay Manohar Sapre
Bench
ASHOK BHUSHAN ABHAY MANOHAR SAPRE

Judgment text excerpt

The Supreme Court upheld the High Court's decision to quash the District Judge's order and remand the case, emphasizing the applicability of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, particularly Sections 2(3) and 6(1A), which govern landlord-tenant relations in the area post-1980. The Court clarified that the landlord's claim for eviction based on personal necessity must align with the provisions of the Act, which now applied to the suit house. The outcome was a remand for further proceedings consistent with the Act's requirements.

KALIDAS C. PATEL (DEAD) BY LRS. vs SAVITABEN . · Niyam