Supreme Court of India

Hameedia Hardware Stores, Represented by its Partner S. Peer Mohammed v. B. Mohan Lal Sowcar

Neutral citation

Reported as [1988] 3 S.C.R. 384

Decided 29 March 1988

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that a landlord seeking eviction of a tenant from a non-residential premises under section 10(3)(a)(iii) of the Act in order to succeed in his petition should establish that he bona fide requires the premises in addition to proving the other ingredients referred to therein.

Judgment, page 18

From the headnote

Tamil Nadu Buildings- (Lease and Rent Control) Act, 1960- Whether it is necessary for a landlord who institutes a petition under section 10 (3)(a)(iii) thereof to establish that his requirements is bona fide or not. The respondent's brother was carrying on his bnslness In the front portion of the ground floor of the premises In question, which belonged to the father of the respondent. The appellant purchased the said- running business from the brother or the respondent. After purchasing the bnsiness, the appellant became a tenant under the father of the respondent. In the rear portion of the

Authorities it was built on

1960 M. Pentiah and Others v. Muddala Veeramallappa and Others cited by 35
1961 The Collector of Customs, Madras v. Nathella Sampathu Chetty and Another cited by 30

Where later benches applied it

2020 Indore Development Authority v. Manoharlal & Ors. Etc. referred to
2018 Hukum Chandra (d) Thr. Lrs. v. Nemi Chand Jain & Ors. referred to
2004 Citibank N.A. v. Standard Chartered Bank mentioned
2003 Citi Bank N.A. v. Standard Chartered Bank and Ors. mentioned

Of those, 2 referred to · 2 mentioned

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