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january 2024

Supreme Court of India · 2024-01-30

BAITULLA ISMAIL SHAIKH AND ANR vs KHATIJA ISMAIL PANHALKAR AND ORS.

Citation / case number
SC 2015/32224
Court
Supreme Court of India
Petitioner
BAITULLA ISMAIL SHAIKH AND ANR
Respondent
KHATIJA ISMAIL PANHALKAR AND ORS.
Author
ANIRUDDHA BOSE
Bench
HON'BLE MR. JUSTICE SANJAY KUMAR HON'BLE MR. JUSTICE ANIRUDDHA BOSE

Judgment text excerpt

The Supreme Court upheld the applicability of the Maharashtra Rent Control Act, 1999, in eviction proceedings, emphasizing that landlords must provide valid grounds for eviction, such as structural safety concerns as outlined in Section 13(1)(b) of the Act. The Court found that the demolition notice issued by the Mahabaleshwar Giristhan Municipal Council constituted a legitimate ground for eviction due to the risk posed by the deteriorating condition of the building. The appeals were allowed, reversing the Bombay High Court's decision that had invalidated the eviction decrees against the tenants.

BAITULLA ISMAIL SHAIKH AND ANR vs KHATIJA ISMAIL PANHALKAR AND ORS. · Niyam