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

1988 Supreme(Mad) 469

SRINIVASAN
Masilamani – Appellant
Versus
V. Baliah – Respondent


ORDER

Srinivasan, J.

1. This revision is by the tenant, who has suffered an order of eviction before the authorities below.

2. The respondent sought eviction on the grounds of wilful default and requirement for own occupation for residential purpose. The Rent Controller negatived the ground of wilful default and ordered eviction on the ground of requirement for own occupation. The Appellate Authority confirmed the said order. The tenant filed C. R. P. No. 1849 of 1984 in this Court. By that time, another tenant against whom a similar eviction petition was filed at the same time by the respondent had vacated and that portion was occupied by the respondent herein. It was argued in that Revision Petition that the portion occupied by the respondent was sufficient for his purposes and the bona fide of the requirement ceased to exist. Sathar Sayeed, J., accepted that contention and by his order on 3-1-1986 remanded the matter to the Appellate Authority with the following observation:

I am of the view, considering the contention of the learned Counsel of the petitioner that the said tenant Selvaraj has vacated a portion of the premises, it is just and reasonable that a finding has to be given









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