Wednesday, 8 August 2018

Whether it is necessary for landlord to indicate precise nature of business which he intends to start in tenanted premises?

The Courts below have also taken the view that, in law, it is essential for the landlord to mention about the alleged requirement of the suit premises and in absence thereof no decree could be passed on this ground. Even this principle is no more res integra. The Apex Court, in Raj Kumar Khaitan v. Bibi Zubaida Khatun, has taken the view that it is not necessary for the landlord to indicate the precise nature of the business which he intends to start in the premises and even if the nature of the business had been indicated by the landlord, nobody can bind the landlord to start the same after the suit premises are vacated. {Para 31}

Writ Petition No. 6286 of 1987

Decided On: 27.06.2001

Shankar Bhairoba Vadangekar Vs. Ganpati Appa Gatare

Hon'ble Judges/Coram:
A.M. Khanwilkar, J.

Citation: 2001(4) ALLMR 61
Read full judgment here: Click here

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