Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | U.P. Cantonment Rent Control Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | U.p. Cantonments (control of Rent & Eviction) Act, 1952 (10 of 1952) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | U.P. Cantonment Rent Control Act, 1952-Section 14- Tenants--Eviction of-Construction or alteration must be of such nature and character as to materially alter the accommodation. c Words & Phrases-'Altered' - 'Materially'-meaning of. The tenanted premises was let out to the appellant for running a Dal and Oil Mill. The respondents purchased the building and a year later filed a suit for eviction, inter alia, alleging that the appellant had made material alterations in the tenanted premises without their consent causing substantial damages to it. The disputed construction included a partition wall in a ball converting the same into two portions and tin sheds shown by letters ABHG and CDGH. The trial Court decreed the suit holding that the partition wall in the ball did not constitute material alteration and that the tin shed marked by letters ABHG bad been constructed with the consent of the -"' erstwhile landlords but the tin shed marked with letters CDGH bad been constructed subsequently without respondents' consent, which materially altered the accommodation. On appeal, the Additional Civil Judge found that none of the constructions constituted material alterations. But on second appeal, the High Court held that the tin shed indicated by letters CDGH as well as the partition wall made in the ball converting the same into two rooms, constituted material alteration as contemplated by s.14(c) of the U.P. Cantonment Rent Control Act, 1952, justifying the eviction of the tenant. |
Judge | Honble Mr. Justice K.N. Singh |
Neutral Citation | 1987 INSC 7 |
Petitioner | Om Prakash |
Respondent | Amar Singh & Anr. |
SCR | [1987] 1 S.C.R. 968 |
Judgement Date | 1987-01-09 |
Case Number | 886 |
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