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Supreme Court of India 2018-10-29 allowed

Kalpana Vyas vs Raj Kumar Rangwani

Bench: 2 — Abhay Manohar Sapre

In Brief

A landlord sought eviction of a tenant from rental premises citing personal bona fide need under the Rajasthan Rent Control Act. The Rent Tribunal dismissed the eviction petition, noting the landlord had alternative accommodation. The Rent Appellate Tribunal reversed this and granted eviction. The High Court set aside the Appellate Tribunal's order as arrived at casually without proper findings on bona fide need, and restored the Rent Tribunal's dismissal. The Supreme Court held the High Court erred by not remanding for fresh decision on merits and allowed the appeal, remanding the case to the Rent Appellate Tribunal to properly decide the eviction appeal within six months in accordance with law.

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Rent Control Landlord and Tenant Eviction Judicial Review Writ Jurisdiction Procedure

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