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Supreme Court of India 2019-05-08 dismissed

NILESH LAXMICHAND vs SHANTABEN PURUSHOTTAM KAKAD (SINCE DECEASED) BY LRS

Bench: 2 — Ashok Bhushan, K.M. Joseph

In Brief

A bookshop tenant was sued for eviction on three grounds: nuisance from food business, illegal subletting, and non-use of the premises. The Supreme Court found that while the non-use ground was established (the premises had no valid business registration during 2006, the six-month period before suit), the nuisance ground lacked sufficient evidence—no neighbors testified, and the landlord herself did not give evidence. The Court also rejected the illegal subletting claim as insufficiently pleaded and proved. The appeal was dismissed, upholding eviction on the narrow ground of non-use of the premises for the rental purpose."

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Tenancy and Eviction Landlord and Tenant Law Rent Control Non-User of Premises Nuisance Illegal Subletting

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