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Bharat Roadways, a Partnership Firm Vs. Shailendra Kumar Birla - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 508 of 1984
Judge
Reported in1984Supp(1)SCC702
AppellantBharat Roadways, a Partnership Firm
RespondentShailendra Kumar Birla
DispositionAppeal Disposed
Excerpt:
- [e.s. venkataramiah and; m.p. thakkar, jj.] -- rent control and eviction — eviction — ground of bona fide requirement for personal occupation — case remanded to high court for re-examining the ground -- if the high court comes to the conclusion that the premises are bona fide needed by the landlord for his own occupation, the high court shall also consider the case of the tenant under the proviso to clause (c) sub-section (1) of section 11 of the rent act......(1) of section 11 of the rent act.2. the appeal is accordingly disposed of with no order as to.....
Judgment:

E.S. Venkataramiah and; M.P. Thakkar, JJ.

1. The finding recorded by the High Court on the basis of default in payment of arrears of rent is unsustainable and it is set aside. The High Court has not properly considered the alternative ground urged by the landlord that the premises were required by him for his own bona fide use and occupation We, therefore, set aside the judgment of the High Court and remand the case to it to re-examine the question whether the landlord bona fide needs the premises for his own occupation. If the High Court comes to the conclusion that the premises are bona fide needed by the landlord for his own occupation, the High Court shall also consider the case of the tenant under the proviso to clause (c) sub-section (1) of Section 11 of the Rent Act.

2. The appeal is accordingly disposed of with no order as to costs.


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