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Failure to take possession from another tenant is no ground to deny eviction petition

Raj Kumar Makkad ,
  28 June 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Bona fide Requirement - Section 12(1)(f) of M. P. Accommodation Control Act - Whether the fact landlord evicted another tenant decades ago and did not occupy the premises relevant in a bona fide requirement claim?
Citation :
Dinesh Kumar v. Yusuf Ali (Decided on 26.05.2010) MANU/SC/0407/2010

Held, tenant occupied area measuring 152 sq.ft. and landlord running business at a 'Gumti' measuring 3 ft. x 4 ft. made on a platform on Nalla. Landlord's failure to occupy the premises after evicting a tenant decades ago irrelevant in deciding bona fide requirement in changed circumstances. Landlord allowed to occupy half area of premises. Appeal partly allowed.

  

 
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Published in Civil Law
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