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

1972 Supreme(Guj) 97

D.P.DESAI
SRINIVAS VAMAN KARVE – Appellant
Versus
CHANDANBEN JAYANTILAL DALAL – Respondent


Advocates Appeared: M.B.SHAH, S.B.VAKIL

D. P. DESAI, J.

( 1 ) THE next contention relates to the interpretation of clause (1 ). It was urged relying upon the word residence in clause (1) that the landlord in order to succeed in a suit falling under clause (1) should establish that the vacant possession of another house was acquired by the tenant with the intention of having his permanent abode in that house. If this intention was not there. clause (1) would not be applicable. It was pointed out that the words residence is used in clause (1) and not the words residential premises. According to the submission of the learned advocate for the petitioners if the latter words were used then mere act of acquiring vacant possession of a suitable premises would entitle the landlord to a decree for ejectment irrespective of the question of intention with which vacant possession was acquired by the tenant. It was pointed out by way of an illustration that a tenant may be doing business of purchasing and selling residential premises-vacant or otherwise In such a case he has no intention to go and reside in the vacant premises purchased by him. His intention in the act of purchase and in the act of acquiring vacant possession of the p




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