DATTARAM S. VICHARE . versus THUKARAM S. VICHARE AND ORS.

DATTARAM S. VICHARE . versus THUKARAM S. VICHARE AND ORS.

Eviction order against appellant is null and void as no notice under Section 66 was served; service of notice in regularization cannot be presumed as service for eviction; ground of sub-letting invalid as Board permitted brother to reside.

Source-derived case information.

Parties
Appellant: D.S. Vichare; Respondent: Thukaram S. Vichare
Jurisdiction
India
Judgment Date
12 August 1999
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment
Outcome
Appeal allowed; High Court judgment and order set aside.
Legal Topics
Eviction, Sub Letting, Tenancy Regularization, Service of Notice
Housing Law Eviction Sub Letting Tenancy Regularization Service of Notice

Source-derived case record

Summary, issues, holding and outcome

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Parties

D.S. Vichare

Appellant

Thukaram S. Vichare

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court Judgment

Legal Issues

  1. 1 Whether eviction proceedings without service of notice under Section 66 of the Maharashtra Housing and Area Development Act are valid
  2. 2 Whether tenancy can be regularized in favour of respondent when appellant's eviction is void
  3. 3 Whether sub-letting occurs when Board permitted brother to stay

Ratio Decidendi

Eviction order against appellant is null and void as no notice under Section 66 was served; service of notice in regularization cannot be presumed as service for eviction; ground of sub-letting invalid as Board permitted brother to reside.

Court Disposition

Appeal allowed; High Court judgment and order set aside.

Orders

  • Eviction order against appellant is void and set aside.
  • Order regularizing tenancy in favour of respondent is void and set aside.