MR. P. SRIRAMAMURTHY versus MRS. VASANTHA RAMAN

MR. P. SRIRAMAMURTHY versus MRS. VASANTHA RAMAN

Relief of eviction may be granted on the ground of personal occupation where subsequent events demonstrate such need, even if not originally pleaded.

Parties
Appellant: MR. P. SRIRAMAMURTHY; Respondent: MRS. VASANTHA RAMAN
Jurisdiction
India
Judgment Date
07 February 1997
Procedural Posture
Appeal by Special Leave / Final Disposition
Outcome
Appeal disposed of
Legal Topics
Eviction of Tenant, Personal Occupation, Wilful Default in Payment of Rent, Tamil Nadu Building Lease and Rent Control Act, 1960
Rent and Eviction Eviction of Tenant Personal Occupation Wilful Default in Payment of Rent Tamil Nadu Building Lease and Rent Control Act, 1960

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Parties

MR. P. SRIRAMAMURTHY

Appellant

MRS. VASANTHA RAMAN

Respondent

Procedural Posture

Appeal by Special Leave / Final Disposition

Legal Issues

  1. 1 Whether the appellant committed wilful default in payment of rent
  2. 2 Whether relief of eviction can be moulded based on subsequent events showing landlady's need for personal occupation

Ratio Decidendi

Relief of eviction may be granted on the ground of personal occupation where subsequent events demonstrate such need, even if not originally pleaded.

Court Disposition

Appeal disposed of

Orders

  • Relief of eviction granted on ground of personal occupation
  • Rs. 24,000 deposited by appellant adjusted towards arrears of rent