B.R. Mehta vs Smt. Atma Devi & Ors on 2 September, 1987
"5. Relying upon the decision of the Apex Court in
B.R. Mehta v. Smt. Atma Devi and Ors. reported
in : [1987] 3 SCR 1184 , the learned counsel for
the petitioner contends that acquisition of the
premises by the wife of Dattaram, the tenant,
could not be a ground for his eviction. In the case
of B.R. Mehta, the tenant's wife who was a
government servant was allotted a flat by reason
of her being a Government servant. It was held
that acquisition of the premises by the tenant's
wife in the capacity as a Government servant
could not be considered as an acquisition of the
suitable alternative accommodation by the
tenant. There, are two features which distinguish