SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2003 Supreme(SC) 618

SHIVARAJ V.PATIL, ARIJIT PASAYAT
Central Bank Of India – Appellant
Versus
Vrajlal Kapurchand Gandhi – Respondent


JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. Though controversy lies within a very narrow compass, elaborate arguments on various principles of law were highlighted, which shall be dealt with after noticing the factual scenario involved.

3. Factual background as highlighted by the appellant and accepted to be correct in material aspects by the respondents run as follows : Appellant, a nationalized bank, on the basis of a deed of lease executed on 8.4.1964 is a tenant under the respondents presently. The original landlord was respondents predecessor-in-title. The respondents (hereinafter referred to as landlords ) filed a suit under Section 13(1)(g) of the Bombay Rents, Hotel & Lodging House Rates Control Act, 1947 (in short the Bombay Rents Act ) in 1983 seeking eviction on the ground of bona fide requirement. The trial Court decreed the suit in favour of the landlord by order dated 8.4.1994. It was held that landlords had proved reasonable need and greater hardship would be caused to the landlords if prayer for eviction is not allowed. The said order was challenged in Appeal No. 208 of 1994 before the Small Causes Court, Mumbai by the present appellant, which was allowed. It was,



























Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top