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Supreme Court of India 2017-02-17 allowed

Mehmooda Gulshan vs Javaid Hussain Mungloo

Bench: 2 — Kurian

In Brief

A widow deserted by her husband sought eviction of a tenant to use the premises for her unemployed son's business to support the family. The trial court granted eviction, finding genuine need. The High Court reversed, holding the son should have testified. The Supreme Court allowed the appeal, holding that "own occupation" under the Jammu & Kashmir Rent Control Act includes family members' use for business, provided genuine need is established. Non-examination of the son was immaterial where the landlord proved need through other evidence. Courts must adopt a practical approach considering realities of life, not require strict personal occupation.

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Rent Control Landlord and Tenant Eviction Statutory Interpretation Reasonable Requirement Family Law Evidence and Proof

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