Supreme Court · 2001 INSC 567 · Decided 8 November 2001
Shashi Kapila v. R.P.ASHWIN
- Court
- Supreme Court of India
- Citation
- 2001 INSC 567 · [2001] SUPP. 5 S.C.R. 217
- Case number
- CIVIL APPEAL No. 7791/2001
- Decided
- 8 November 2001
- Bench
- K.T. THOMAS, S.N. VARIAVA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 53; Rent Control Act Section 21
Headnote
Transfer of Property Act, 1882 : Section 53-A-Eviction-Eviction petition-Bona fide requirement­ Landlord entered into an agreement for sale of suit premises with a partnership firm of which the tenant was a partner-Subsequently, landlord resisted the suit for specific peiformance of the can get eclipsed. But in this case the need of the landlord for occupying the suit premises arose long after the date of agreement-The landlord, therefore, cannot be pre-empted from evicting the tenant on the ground that he was willing to sell the suit premises-Hence the tenant cannot lay
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