Breaking Supreme Court Legal Update
New Delhi · Friday, 31 July 2026 9888666310 | [email protected]
Free Law — free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2024-01-30 dismissed

BAITULLA ISMAIL SHAIKH AND ANR vs KHATIJA ISMAIL PANHALKAR AND ORS

Bench: 2 — Aniruddha Bose, Bela M. Trivedi

In Brief

Two landlords appealed against a High Court judgment that set aside eviction decrees against tenants in a building at Mahabaleshwar. The landlords sought eviction on grounds of a municipal demolition notice and their bona fide need to construct a new building. The Supreme Court held that while the Court cannot ignore a municipal demolition order, it must independently verify whether demolition is immediately necessary. The Court must also record satisfaction of all statutory conditions under the Rent Control Act, including comparative hardship analysis and adequate disclosure of the landlord's other properties. As the trial and appellate courts failed to apply these mandatory legal tests, the High Court correctly set aside the decrees. Both appeals were dismissed.

The lawyer headnote and full judgment text are available to registered users.

Landlord and Tenant Eviction Rent Control Municipal Authority Demolition

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login