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2025 Supreme(Online)(SC) 3112

SUPREME COURT OF INDIA
KALLA RAMARAO VS. RAMAYANAM SAI PRASADA RAO @ BABJI


IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. OF 2025 (Arising out of SLP (C) Nos. 9872-9873 of 2019)

KALLA RAMARAO Appellant (s)

VERSUS RAMAYANAM SAI PRASADA RAO @ BABJI & ORS. Respondent(s)

O R D E R

1) Leave granted.

2) In the proceedings seeking eviction on the ground of bona fide need, the trial Court vide order dated 11.07.2011 decreed the eviction petition. The first appellate Court set aside the same vide judgment dated 28.08.2012 on the ground that the bona fide need ceased to exist after the landlord came into vacant possession of one shop adjacent to the suit shop in Eviction Petition No. 37/2006. The Signature Not Verified NIDHI AHUJA Date: 2025.05.06 High Court in revision confirmed the findings of the Reason:

first appellate court vide the impugned order dated 04.10.2017 and held that it was not the case of the landlord that the other shop was not suitable to carry on the proposed business as such, the bona fide need ceases to exist.

3) Having considered the fact that the need was pleaded by the landlord for himself and that has been proved. It is the choice of the landlord to ask for eviction of the premises because he is the best judge to se

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