AKHILESHWAR KUMAR vs MUSTAQIM — C.A. No. 3226/1999
Case under Section XVI. Status: Disposed.
CNR: SCIN010017231999
Filing Date
29-Jan-1999
Registration No
C.A. No. 3226/1999
Diary Number
1723/1999
Order Date
12-Dec-2002
Document Type
Judgment - of Main Case
Disposal Type
Dismissed
Last updated 30-May-2026
Acts & Sections
Petitioner(s)
-
1.AKHILESHWAR KUMAR
Adv. RANJAN MUKHERJEE
Respondent(s)
-
1.MUSTAQIM
Adv. 0
Case History
Case Summary: Akhileshwar Kumar v. Mustaqim (C.A. 3226/1999) The Supreme Court allowed the landlords' appeal and restored the trial court's eviction decree under the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982. The Court found that Plaintiff No.1, an educated unemployed person, genuinely required the leased shop premises to start an independent retail business, satisfying the bona fide requirement ground for eviction. The Court rejected the High Court's reasoning that alternative accommodations were available, holding that once genuine need is established, the tenant's choice of suitable accommodation cannot be overridden by the court. This case analysis is maintained by casestatus.in based on publicly available court records.
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