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Supreme Court of India 2019-08-05 dismissed

VINOD KUMAR vs ASHOK KUMAR GANDHI

Bench: 2 — Ashok Bhushan, K.M. Joseph

In Brief

These consolidated appeals challenge the High Court's dismissal of rent control revisions. The appellants (tenants of non-residential commercial premises) sought to challenge eviction petitions filed under Section 14(1)(e) of the Delhi Rent Control Act, 1958, on the ground of bonafide need. The primary issue was whether the Supreme Court's landmark judgment in Satyawati Sharma v. Union of India—which struck down the discriminatory portion of Section 14(1)(e) making bonafide need a ground for eviction for both residential and non-residential premises—was decided per incuriam or requires reference to a larger Bench. The Court held Satyawati Sharma was rightly decided, applying the doctrine of temporal reasonableness. The Court rejected all grounds for reconsideration, dismissing the appeals on this jurisdictional issue and deferring consideration of merits.

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Rent Control Landlord and Tenant Constitutional Law Eviction Discrimination and Equality

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