Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | U.P. Urban Buildings (Regulation of Letting Rent and Eviction) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Uttar Pradesh Urban Buildings (regulation of Letting, Rent and Eviction) Act, 1972 (13 of 1972) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972/U.P. Urban Buildings Regulation of Letting, Rent and Eviction) Rules, 1972:Sections 16(1)(a) & 17(2)/Rule 19. Buildings-Part of in occupation of landlord for residential purpose-Allotment of any other part of building to be made in favour of person nominated by landlord. One Mauji Ram Gupta was the owner of a house consisting of ground floor and first floor. When the vacancy in the first floor arose,the landlord applied for release of the premises u/s.16 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.Respondent No.4, the Additional District Magistrate, rejected the claim of the landlord and allotted the first floor to the appellant. Thereafter,Respondent No. I purchased the disputed house on 18. 7. 77 and occupied the ground floor. The aforesaid order of allotment was set asideon 18.8. 77 by the District Judge with a direction to respondent No. 4 to reconsider the applications made for allotment of the premises in accordance with law.One Mauji Ram Gupta was the owner of a house consisting of ground floor and first floor. When the vacancy in the first floor arose, the landlord applied for release of the premises u/s.16 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.Respondent No.4, the Additional District Magistrate, rejected the claim of the landlord and allotted the first floor to the appellant. Thereafter,Respondent No. 1 purchased the disputed house on 18. 7. 77 and occupied the ground floor. The aforesaid order of allotment was set asideon 18.8. 77 by the District Judge with a direction to respondent No. 4 to reconsider the applications made for allotment of the premises in accordance with law.Respondent No. 4 reconsidered the applications and by his order dated 4.1. 78, again allotted the premises to the appellant after rejectingthe claims of other applicants. However, in a review petition filed by respondent No. I-landlord, Respondent No. 4 set aside the aforesaidorder of allotment by his order dated 14.12.81 on the ground that since the premises in dispute was a part of the landlord's building which hewas occupying, it was mandatory under s.17(2) of the Act that notice should have been issued to the landlord and since no notice had beenissued to the landlord, the order was vitiated.Aggrieved by the order of Respondent No. 4 the appellant filed a revision application before the District Judge. The District Judge setaside the order dated 14.12.81 passed by Respondent No. 4 but the same was restored by the High Court in a writ petition filed by respondentno. 1. The High Court also directed respondent no. 4 to consider the applications for allotment after giving notice to the landlord-respondentno. 1. |
Judge | Honble Mr. Justice K.N. Singh |
Neutral Citation | 1986 INSC 226 |
Petitioner | Dr. (smt.) Keshav Devi |
Respondent | Shri Girdhari Lal Pahwa & Ors. |
SCR | [1987] 1 S.C.R. 126 |
Judgement Date | 1986-11-05 |
Case Number | 157 |
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