Shaikh Mohmad Rafiq Abdul Rehman vs Shri. Keshav Ramchandra Jadhav (Since ...
Judges (1)
Case Significance
Shaikh Mohmad Rafiq Abdul Rehman vs Shri. Keshav Ramchandra Jadhav (Since ... is a Bombay High Court decision dated October 25, 2024 (citation: ik-193539370). A tenant challenged the Appellate Court's 1998 judgment reversing the Small Causes Court's dismissal of an eviction suit and directing handover of vacant possession of premises in Somwar Peth, Pune. The Court found that the Appellate Court's findings on bonafide requirement and nuisance were perverse — the landlord failed to prove bonafide need for personal use, and no evidence established any nuisance by the tenant. The writ petition was allowed, the Appellate Court's judgment was set aside, The case was heard by Justice Sandeep V. Marne. Counsel appearing: R. D. Soni (counsel for respondent), Sanjeev J. Rairkar (counsel for petitioner).
Summary
A tenant challenged the Appellate Court's 1998 judgment reversing the Small Causes Court's dismissal of an eviction suit and directing handover of vacant possession of premises in Somwar Peth, Pune. The Court found that the Appellate Court's findings on bonafide requirement and nuisance were perverse — the landlord failed to prove bonafide need for personal use, and no evidence established any nuisance by the tenant. The writ petition was allowed, the Appellate Court's judgment was set aside, and the Trial Court's decree dismissing the eviction suit was confirmed.
What was the outcome of Shaikh Mohmad Rafiq Abdul Rehman vs Shri. Keshav Ramchandra Jadhav (Since ...?
A tenant challenged the Appellate Court's 1998 judgment reversing the Small Causes Court's dismissal of an eviction suit and directing handover of vacant possession of premises in Somwar Peth, Pune. T...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (ik-193539370)