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Supreme Court of India 2021-09-14 allowed

ABDUL KHUDDUS vs H.M. CHANDIRAMANI (DEAD) THR LRS. & ORS

Bench: 2 — Hemant Gupta, A.S. Bopanna

In Brief

A tenant of a shop in a 1903 building in Bangalore was evicted when the municipal corporation demolished the premises on grounds it was dilapidated and dangerous. The tenant sued for restoration of possession and damages. The High Court allowed his appeal, holding the Rent Control Act protected him. The Supreme Court reversed, holding that a statutory tenant's rights are confined to the Rent Control Act and do not extend to claiming restoration after lawful demolition by a corporation acting in public interest. The Municipal Corporations Act and Rent Control Act operate in separate spheres. The Court dismissed both suits but awarded Rs. 5 lakhs compensation for loss of goods and business.

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Tenancy Law Statutory Protection of Tenants Municipal Law Building Safety and Demolition Landlord and Tenant Rent Control Civil Procedure Conflict of Laws Public Health and Safety

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