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1974 Supreme(SC) 410

A.C.GUPTA, V.R.KRISHNA IYER, P.K.GOSWAMI
Shaik Jaffar Shaik Mahmood – Appellant
Versus
Mohd. Pasha Hakkani Saheb – Respondent


Judgment

GOSWAMI, J.:- The short question that arises for consideration in this appeal is as to the scope of Section 26 (c) of the Hyderabad Houses (Rent, Eviction and Lease) Control Act, 1964 (No. XX of 1954) {briefly the Act.) The facts may briefly be stated:

The landlords (respondents herein) made an application to the Rent Controller for an order of eviction of the tenants (appellants herein) on two grounds, namely, default in payment of rent and secondly requirement of the premises for their personal occupation to open a hardware stop at Latur where the premises are situated. It is admitted that the landlords have a hardware shop at Udgir where they have their own residence as well. The Rent Controller as well as the Assistant Judge, who heard the appeal found that the tenants were not in default in payment of rest. Both the courts also concurrently held that the landlords failed to establish the bona fide requirement for their own use and occupation. Being aggrieved by the decision of the courts below, the landlords preferred a Revision Application under Section 26 of the Act to the High Court of Bombay. The High Court examined the reasons given by the Rent Controller as well t






















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