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 Eviction petition 1972 Army Official |
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 Allowed |
Headnote | U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972: s. 21(1)(a) — Eviction petition by appellant-landlord — Eviction sought on the ground of bona fide need of appellant-Army Official to start business for his physically disabled son — Second round of litigation — Eviction petition allowed by High Court, however respondent-tenant granted 2 year's time to vacate the suit shop — On appeal, held: High Court rightly allowed the eviction petition — However, in the absence of any justifiable cause alleged by the respondent to prove extreme hardship as also in the absence of any Statutory provision or any contract between the parties to that effect, the High Court was not justified in exercising its discretion and grant 2 years’ time to respondent to vacate the suit shop — High Court should have appreciated the fact that the said process of litigation has consumed 20 years and the hardship suffered by the appellant is more as compared to the respondent. Object and purpose of — Held: Act of 1972 is a legislation which provides for regulation and control of letting and rent of the accommodation - It regulates and control eviction of tenants from accommodations — It provides for expeditious trial of eviction cases on ground of bona fide requirement of certain categories of landlords — Amended s. 21 provides a statutory deeming presumption of the need set up by landlord who are serving or retired Indian soldier or their widows, to be sufficient if he sought eviction for his personal requirement or for the benefit of any member of his family — Object is to relieve such landlord from the hardship so that he is able to get the premises vacated early for his personal use - Appellant-landlord was denied this benefit due to long pendency of the case - Respondent-tenant granted 7 months time to vacate the premises subject to certain conditions. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2016 INSC 59 |
Petitioner | Ramesh Chandra Bhandari |
Respondent | Ram Singh Salal |
SCR | [2016] 1 S.C.R. 520 |
Judgement Date | 2016-01-18 |
Case Number | 575 |
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