M.S. ZAHED versus K. RAGHAVAN

M.S. ZAHED versus K. RAGHAVAN

Landlord's requirement for additional accommodation is bona fide but not reasonable given sufficient space already available; hence, no decree for possession under Section 21(1)(h). High Court correctly exercised wider revisional powers to re-appreciate evidence and reverse trial court.

Parties
Appellant/landlord: M.S. Zahed; Respondent/tenant: K. Raghavan
Jurisdiction
India
Judgment Date
01 December 1998
Procedural Posture
Civil Appeal / Final Supreme Court Disposition After Special Leave Appeal Under Article 136
Outcome
Appeal dismissed; High Court judgment confirmed
Legal Topics
Recovery of Possession, Bona Fide and Reasonable Requirement, Revisional Jurisdiction of High Court
Landlord Tenant Recovery of Possession Bona Fide and Reasonable Requirement Revisional Jurisdiction of High Court

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Parties

M.S. Zahed

Appellant/landlord

K. Raghavan

Respondent/tenant

Procedural Posture

Civil Appeal / Final Supreme Court Disposition After Special Leave Appeal Under Article 136

Legal Issues

  1. 1 Whether landlord's requirement is both bona fide and reasonable under Section 21(1)(h) of Karnataka Rent Control Act, 1961
  2. 2 Scope of High Court's revisional powers under Section 50 of the Karnataka Rent Control Act, 1961

Ratio Decidendi

Landlord's requirement for additional accommodation is bona fide but not reasonable given sufficient space already available; hence, no decree for possession under Section 21(1)(h). High Court correctly exercised wider revisional powers to re-appreciate evidence and reverse trial court.

Court Disposition

Appeal dismissed; High Court judgment confirmed

Orders

  • Respondent tenant to vacate suit premises on or before 31 December 2002 as agreed, with written undertaking to be filed within four weeks, including rent payments up to vacation and clearance of arrears.
  • No order as to costs.