Supreme Court · 2017 INSC 151 · Decided 17 February 2017

Mehmooda Gulshan v. Javaid Hussain Mungloo

Court
Supreme Court of India
Citation
2017 INSC 151 · [2017] 1 S.C.R. 692
Case number
CIVIL APPEAL No. 1398/2011
Decided
17 February 2017
Bench
KURIAN JOSEPH, A.M. KHANWILKAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Rent Control Act

Headnote

Rent Control and Eviction: Jammu and Kashmir Houses and Shop Rent Control Act. 1966 - s. 11 (J)(h) - Eviction - Requirement of landlord for own .occupation - It could mean occupation by member of a family - On facts, eviction petition by landlord seeking tenanted premises for his son - Trial holding the need for premises as genuine, however High Court held the requirement of own occupation not est~blished for non-examination of the son, for whose benefit, eviction was sought - Held: Requirement of landlord for own occupation could mean occupation by member of a family - Mere

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