Supreme Court of India · 2019-02-06
Balkrishna Dattatraya Galande vs Balkrishna Rambharose Gupta .
- Citation / case number
- AIR 2019 SUPREME COURT 933
- Court
- Supreme Court of India
- Petitioner
- Balkrishna Dattatraya Galande
- Respondent
- Balkrishna Rambharose Gupta .
- Author
- R. Banumathi
- Bench
- R. Subhash Reddy, R. Banumathi
Judgment text excerpt
The Supreme Court upheld the First Appellate Court's decision to grant a permanent injunction to the first respondent-plaintiff, asserting his rights as a tenant under the relevant tenancy laws. The Court found that the appellant-defendant failed to prove that the landlord-tenant relationship had ceased following the withdrawal of the earlier suit (RCS No.1004/1988). The Court emphasized that the burden of proof lies on the landlord to establish the termination of tenancy, which was not satisfactorily demonstrated in this case.