MADHUKAR AMBADAS PETKAR Vs. DWARKANATH SAKHARCHAND GUJARATI
LAWS(SC)-1994-1-31
SUPREME COURT OF INDIA
Decided on January 06,1994

Madhukar Ambadas Petkar Appellant
VERSUS
Dwarkanath Sakharchand Gujarati Respondents


Cited Judgements :-

N L PATEL VS. SADASHIV VISHVANATH [LAWS(GJH)-2004-12-70] [REFERRED TO]


JUDGEMENT

- (1.)Though the appellant suffered a decree for eviction under Section 13 (1 (l) of Bombay Rents Hotel and Lodging House Rates Control Act, 1947 the decree was upset by the court of Appeal. On a writ petition by the respondent-landlord the decree was restored and against this order is the present Civil. The only argument that is raised on behalf of the appellant-tenant is that this case will not fall under Section 13 (1 (l) because the house acquired in 1973 came to be sold away in 1978 to meet marriage expenses of his daughter. We do not think this would be a good ground to hold Section 13 (1 (l) to be inapplicable. The act does not contemplate such a situation or the necessity for the sale of the house. Accordingly we concur with the High court and dismiss the Civil. No costs.
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