Supreme Court · 2005 INSC 592 · Decided 1 December 2005
Kailasbhai Shukaram Tiwari v. Jostna Laxmidas Pujara and ANR.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 592 · [2005] SUPP. 5 S.C.R. 506
- Case number
- CIVIL APPEAL No. 7161/2003
- Decided
- 1 December 2005
- Bench
- B.P. SINGH, P.K. BALASUBRAMANYAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 227
Headnote
Rent Control and Eviction: Bombay Rents, Hotel and Lodging House Rates Control Act, 1947; Ss. C 13(/)(e) and 13(/)(k): Filing of eviction petition on grounds of sub-letting and non-user of the premises-Allowed by trial Court-Affirmed by Appellate Court-Reversed by High Court-On appeal, held: Mere relative a family member of the tenant in the context of Rent Control Legislation-The cousin of tenant's husband residing , in the premises in question cannot held to be her family member-Hence, High Court erred in reversing the concurrent findings of fact recorded by the Courts below. E The
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