Whether court should consider issue of comparative hardship if unlawful occupant is residing in tenanted premises/

Reverting to the issue of the comparative hardship, the courts below were right in observing that the issue of comparative hardship will be relevant only, in the context of the requirement of the tenant and not in relation to some other occupant of the suit premises and when that occupant has no right to continue in the premises.

Bombay High Court

Balwant P. Doshi vs Shantaben Dhirajlal Shah And Anr. on 4 July, 2002

Equivalent citations: 2003 (2) BomCR 190, 2002 (4) MhLj 473

Bench: A Khanwilkar
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