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Supreme Court of India 2019-05-08 dismissed

Nilesh Laxmichand and Another vs Shantaben Purushottam Kakad (Since Deceased) by Lrs

Bench: 2 — K.M. Joseph

In Brief

The appellants rented a commercial shop premises to operate a bookshop but later began operating a fast food business without proper facilities, causing complaints of nuisance. The landlord sued for eviction on grounds of nuisance, illegal subletting, and non-use of the premises for the purpose let. The Supreme Court upheld the dismissal of the appeal, finding the nuisance ground insufficiently proven (original plaintiff did not testify, no neighbouring witnesses corroborated the claim). However, the court affirmed eviction on the ground of non-user: the tenant failed to maintain valid business registration during 2006 and provided no evidence of actual use of the premises during the six-month period immediately before suit was filed, satisfying the statutory requirement for eviction under the Maharashtra Rent Control Act."

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Landlord and Tenant Rent Control Eviction Commercial Premises Contract Law

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