Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 11 1972 - ss. 16(1)(b) Rent and Eviction) Act 2(2) - Dis- pute as regards hundred year old building - Rent Control and Eviction: Uttar Pradesh Urban Buildings (Regulation of Letting |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Rent Control and Eviction: Uttar Pradesh Urban Buildings (Regulation of Letting,. Rent and Eviction) Act, 1972 - ss. 16(1)(b), 11, 2(2) - Dispute as regards hundred year old building -Application u/s.16(1)(b) for release of the building for demolition and reconstruction before the Competent Authority- Issuance of order for release of the building in favour of appellant and co-land-lords - Thereafter, issuance of Form-C - However, since unauthorized occupants failed to vacate the building, issuance of Form-0 -Application for execution of Form-0 by the appellant-Allowed by the Rent Control Officer- However, it is alleged that to frustrate the release order, respondent Nos. 1 to 3 offered to give possession of thirteen rooms only, and got the eviction proceedings stalled against unauthorized occupants - Contempt Petition by appellant before the High Court - Contempt Appeal by respondent Nos. 1 to 3 - On appeal, held: Respondents failed to show that under what authority the building was being occupied by respondent Nos.1 to 3 and let out to various occupants in violation of s. 11 -There is no allotment order issued in favour of any of the alleged occupants u/s. 16 - Building is old and covered under sub-section (2) of s. 2 - Considering the facts and cirumstances of the case, and conduct of respondents whereby persons were unauthorisedly inducted by them without any allotment order, Competent Authority directed to execute the Form-D - However, since there are several occupants (inducted unauthorised/y without any allotment order), on humanitarian ground they are given three months' time to vacate the premises voluntarily, otherwise they would be forcibly dispossessed. |
Judge | Hon'ble Mr. Justice Prafulla Chandra Pant |
Neutral Citation | 2015 INSC 710 |
Petitioner | Anil Kalra |
Respondent | J.d. Pandey And Others |
SCR | [2015] 9 S.C.R. 401 |
Judgement Date | 2015-09-29 |
Case Number | 3763 |
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