VidhiSangh

Supreme Court of India · 08/05/2019

NILESH LAXMICHAND AND ANOTHER versus SHANTABEN PURUSHOTTAM KAKAD (SINCE DECEASED) BY LRS

[2019] 7 S.C.R. 460 · 2019 INSC 650

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Summary

Eviction was sustained on the ground of continuous non-user, although nuisance and unlawful subletting were not established. The relevant period was the six months immediately preceding suit, and the landlord retained the burden. On the evidence, including absence of business registration during 2006, the Court declined interference with the concurrent non-user finding. Registration alone would not prove actual use. Additional evidence was refused because the requirements for its admission were not met.

Issues

  1. Whether eviction was supported by nuisance, subletting or statutory non-user.
  2. What period and evidence were relevant to non-user and whether additional evidence should be admitted.

Provisions considered

Held

Result

Appeal dismissed and eviction sustained on non-user under Section 16(1)(n). Nuisance and subletting findings not sustained. Application to introduce additional evidence dismissed.

Judgment PDF: Supreme Court of India, [2019] 7 S.C.R. 460.