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Showing contexts for: air 1981 sc 1113 in Shiv Sarup Gupta vs Dr. Mahesh Chand Gupta on 30 July, 1999Matching Fragments
As to impact of availability of another vacant accommodation with the landlord it was held in Damodar's case (supra) that it must satisfy the test of suitability for satisfying the need of the plandlord.
The abovesaid Full Bench decision of the High Court of Madhya Pradesh was cited with approval before this Court in Saryats TJ3. Vs. Nerai Chand 1965 JLJ 973 (SC).
In M. M. Quasim Vs. Manohar Lal Sharma - AIR 1981 SC 1113 this Court has held (vide para 18) that the landlord does not have an unfettered right to choose the premises but merely showing that the landlord has some other vacant premises in his possession may not be sufficient to negative the landlord's claim if the vacant premises were not suitable for the purpose for which he required the premises. This Court cautioned that the Court must understand and appreciate the relationship between the legal rules and necessities of life.