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1998 Supreme(SC) 1162

S.SAGHIR AHMAD, J.JAGANNADHA RAO
Srinivasiah – Appellant
Versus
Sree Balaji Krishna Hardware Stores – Respondent


Judgment

M. Jagannadha Rao, J.-This is an application for review of our judg­ment in Sree Balaji Krishna Hardware Stores v. Srinivasiah1 (Civil Appeal No. 638 of 1998) dated 6.2.1998. By that judgment, the Civil Appeal preferred by the tenant was allowed and the judgment of the High Court of Madras dated 30.8.97 was set aside and the eviction petition filed by the review petitioner (Landlord) was dismissed. We may state that eviction was sought on the ground of bona fide requirement of the landlord for the business of his sons and eviction was ordered by the Rent Controller by his judgment dated 25.1.1990 in R.C.O.P. No. 2564 of 1986. The said judgment was confirmed by the appellate authority in RCA No. 229 of 1990 on 18.3.1992 and by the High Court in CRP No. 1857 of 1992 on 30.8.1997. These judgments held that the landlord bona fide needed the shop occupied by the tenant for the purpose of his son’s business. In the Civil Appeal, these judg­ments were set aside by this Court on the short ground that behind the shop occupied by the tenant who was sought to be evicted, there was a shop-room which had fallen vacant and the landlord had not established that it was not suitable for hi















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