NDLI: Santosh Chaturvedi Vs. Kailash Chandra & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	U.P. Urban Buildings (Regulation of Letting Rent and Eviction) Act 1972 Eviction s.2(1)(a)
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(s) Referred	Referred Case 0
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.2(1)(a) – Eviction – Appellant initiated the petition u/s.2(1)(a) against the predecessor of the respondents seeking release of the suit property/premises – The prescribed authority dismissed the petition and held that appellant cannot claim ownership right over the coparcenary property and he was not the landlord of the respondents and also held that his bonafide requirement did not exist – The Appellate Authority on re-appreciating the entire aspect of the matter arrived at conclusion that the appellant had lawfully become the owner of the property and respondents were tenant under the appellant and held that case for release of property was made out – Thereafter, respondent filed writ petition before the High Court – High Court took the similar view as arrived at by the prescribed authority and reversed the judgment passed by the Appellate Court – On appeal, held: The proceedings under the Rent Act is of summary nature wherein the jural relationship of landlord and tenant is to be taken note to the extent it is required for considering such eviction petition and the rigour of examining the ownership ought not to be indulged in the manner as done in a title suit unless the respondent sets up title to the very rented property which is adverse to that of the landlord – In the instant case, the consideration made by the prescribed authority was in the nature of the title being examined in the suit for partition or for seeking declaration of title – The detailed examination with regard to the nature of the right to the property was made, which was wholly unnecessary in a summary proceeding when tenant had not set up title to the premises in question – Father of the appellant admittedly was the owner of the property and he had made a settlement in favour of his son-appellant, the title thus acquired and cannot called in question – Further, predecessor of the respondents earlier, had initiated a proceeding before the Rent Control and Eviction officer and sought alternate premises, that showed that respondents did not have any issue with regard to the ownership – Insofar as a bonafide requirement is concerned, there was no material available on record to indicate that the appellant had any other alternate premises, the bonafide need of the appellant as claimed, accepted – Therefore, the Judgment passed by the prescribed authority and the High Court set aside – Consequently, the Judgment passed by the Appellate Authority restored.
Judge	Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna
Neutral Citation	2019 INSC 1252
Petitioner	Santosh Chaturvedi
Respondent	Kailash Chandra & Anr.
SCR	[2019] 17 S.C.R. 76
Judgement Date	2019-11-15
Case Number	6572

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Santosh Chaturvedi Vs. Kailash Chandra & Anr.

Please Log-in to view this content

Ramesh Chandra Bhandari Vs. Ram Singh Salal

Deepak Tandon & Anr. Vs. Rajesh Kumar Gupta

Deep Chandra Juneja Vs. Smt. Lajwanti Kathuria (dead) Through Lrs.

Ramesh Chandra Misra Vs. Mahendra Tripathi & Ors.

Ammal Chandra Dutt Vs. Iind Addl. Distt. Judge & Ors.

Ashok Kapil Vs. Sana Ullah (dead) and Ors.

Saleem Vs. District Judge, Muzaffarnagar and Ors.

Vinaya Kumar Shukal Vs. Lakhpat Ram and Another

G.c.kapoor Vs. Nand Kumar Bhasin and Ors.

Santosh Chaturvedi Vs. Kailash Chandra & Anr.

Santosh Chaturvedi Vs. Kailash Chandra & Anr.

Please Log-in to view this content

Similar Documents

Ramesh Chandra Bhandari Vs. Ram Singh Salal

Deepak Tandon & Anr. Vs. Rajesh Kumar Gupta

Deep Chandra Juneja Vs. Smt. Lajwanti Kathuria (dead) Through Lrs.

Ramesh Chandra Misra Vs. Mahendra Tripathi & Ors.

Ammal Chandra Dutt Vs. Iind Addl. Distt. Judge & Ors.

Ashok Kapil Vs. Sana Ullah (dead) and Ors.

Saleem Vs. District Judge, Muzaffarnagar and Ors.

Vinaya Kumar Shukal Vs. Lakhpat Ram and Another

G.c.kapoor Vs. Nand Kumar Bhasin and Ors.

Santosh Chaturvedi Vs. Kailash Chandra & Anr.