VidhiSangh

Supreme Court of India · 24/04/2020

MOHD. ASIF NASEER versus WEST WATCH COMPANY THROUGH ITS PROPRIETOR

[2020] 4 S.C.R. 1173 · 2020 INSC 363

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Summary

The Supreme Court restored the release of a tenanted shop for the landlord’s bona fide need. The statutory notice did not require registered post, and service was supported by affidavit, surrounding circumstances and the tenant’s own conduct, rather than a postal certificate alone. The High Court had improperly displaced concurrent findings on need and comparative hardship through speculation. The tenant received six months to vacate.

Issues

  1. Whether notice under the first proviso to Section 21(1)(a) required a particular mode of service.
  2. Whether the evidence supported notice, bona fide need and comparative hardship.
  3. Whether the High Court properly interfered with the concurrent release orders.

Provisions considered

Held

Result

Appeal allowed. High Court judgment set aside and the release order restored. Tenant granted six months from the judgment to vacate. No costs.

Judgment PDF: Supreme Court of India, [2020] 4 S.C.R. 1173.