Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent and Eviction) Act Uttar Pradesh Urban Buildings (Regulation of Letting 1972: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972:s. 21 (1)(a) - Application for release of shop - On ground of bona fide need of landlord to start his independent business - Other shops being rented accommodations in possession of tenants - HELD: Prescribed Authority and High Court rightly allowed application of landlord - Tenants would vacate the premises as directed in the judgment.Respondents-landlord filed an application for release of his shop under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, on the ground that he being an unemployed educated and married youngman, in order to earn his livelihood, bona fide needs to start his independent business and there was no possibility of his being employed in the business of his father. It was also stated that the other shops were rented accommodations in occupation of the tenants. The Prescribed Authority allowed the application, but the appellate authority allowed the appeal of the tenants. However, the High Court allowed the writ petition of the landlord.In the instant appeal filed by the tenants it was contended for the appellants that parameters relating to bona fide needs and comparative hardship were not considered in proper perspective and the matter should have been remanded to the authorities for consideration. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1196 |
Petitioner | Yadvendra Arya And Anr. |
Respondent | Mukesh Kumar Gupta |
SCR | [2007] 12 S.C.R. 615 |
Judgement Date | 2008-11-28 |
Case Number | 5483 |
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