Registration Of FIR Is Mandatory If Information Ex Facie Discloses Commission Of  Cognizable Offence: Supreme Court 'No Res Judicata': Supreme Court Holds Rejection Of Section 156(3) CrPC Plea Is No Bar To Subsequent Registration Of FIR Auto Dealers' Referral Charges From Banks & Insurers Constitute 'Business Auxiliary Service', But No Penalty If Tax Paid Before Show Cause Notice: Supreme Court MACT | Appellate Courts Must Liberally Admit Additional Evidence Under Order XLI Rule 27 CPC To Compute 'Just Compensation': Supreme Court MACT | Post-Accident Vehicle Position On Sketch Cannot Be Sole Basis To Infer Contributory Negligence: Supreme Court Enhances Compensation To ₹50.8 Lakhs 'Sanction Under Section 19(1)(c) PC Act Must Be Granted By Removing Authority': Supreme Court Sets Aside Conviction Mere Recovery Of Money Cannot Resurrect Prosecution Proof Of Demand Is Sine Qua: Supreme Court Lok Adalat Awards Without Signatures Of All Rival Claimants Are Invalid, Order I Rule 8 CPC Inapplicable: Supreme Court Lok Adalat Cannot Decide Title Disputes, Mere Physical Possession Doesn't Prove Ownership": Supreme Court Quashes Land Acquisition Awards Power Discoms Can't Escape Liability: Andhra Pradesh High Court Upholds Damages For Death Caused By Snapped Live Wires Lying On Ground Extra-Judicial Confessions To Village Administrative Officers Cannot Be Accepted As Gospel Truth Without Signatures And Corroboration: Madras High Court Acquits Murder Accused 'Article 21 Trumps UAPA Rigors': Allahabad High Court Grants Bail To PFI Members After 5 Years In Jail Due To 'Sluggish' Trial" Daughters Cannot Be Denied Equal Share: Orissa High Court Upholds Compensation Apportionment In Favor Of Daughters Under Hindu Succession Act Cannot Reopen Closed Chapter Years Later: Calcutta High Court Dismisses BSF Ex-Head Constable's Plea Claiming Voluntary Retirement Was Extracted Under Coercion Long-Standing Relationship And Public Recognition Prove Valid Marriage: Karnataka High Court Upholds Second Wife's Right To 1/3rd Share In Property Collector Becomes Functus Officio Once Duty Is Determined: Punjab & Haryana High Court Quashes Penalty On Stamp Duty Deficiency Eyewitness Testimony Contradicted By Medical Evidence Cannot Sustain Murder Conviction: Madhya Pradesh High Court Acquits Woman In IPC 302 Case

Supreme Court Upholds Eviction Order as Tenant Fails to Disprove Landlord's Right to Eviction

05 September 2024 5:33 AM

By: Admin


In a recent judgment dated October 05, 2023, the Supreme Court of India ruled on a significant eviction case where a tenant challenged an eviction order under Section 13-B of the Act. The Court upheld the eviction order, emphasizing that the tenant failed to provide sufficient grounds to disentitle the landlord from obtaining a summary eviction order.

The case involved Mukesh Kumar, the tenant of Shop No. 5 at Guru Amardas Chowk, Model Town, Jalandhar, who had been facing eviction from the said shop. S. Kuldeep Singh, the owner, had filed an Eviction Application under Section 13-B of the Act, stating that he required the premises for his use. Kumar contested the eviction, disputing Singh's ownership and claiming that Singh possessed other shops, which he argued disqualified the eviction under Section 13-B.

The Supreme Court, in its judgment, highlighted that the tenant had failed to establish valid grounds to contest the eviction. It noted that Mukesh Kumar's objections, including his dispute over the landlord's ownership and the alleged possession of other shops, were unsustainable.

The Court emphasized the importance of the tenant's responsibility to disclose facts that would disentitle the landlord from obtaining a summary eviction order under Section 13-B of the Act. It clarified that the onus was on the tenant to provide such grounds, which Mukesh Kumar had not adequately done in this case.

Supreme Court upheld the eviction order, affirming the decisions of the Rent Controller and the High Court. The Court's ruling signifies the significance of complying with the legal requirements for eviction and the need for tenants to establish strong and valid defenses when contesting eviction orders.

Date of Decision: October 05, 2023

MUKESH KUMAR   vs S. KULDEEP SINGH                 

Latest Legal News