Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent and Eviction) Act 1972-Section 21(1)(a) and first proviso UP. 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 Dismissed |
Headnote | Rent Control and Eviction : UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972-Section 21(1)(a) and first proviso thereto-Eviction-On the ground of bonafide requirement-Denied by Prescribed Authority-Granted by Appellate Authority on finding that need of the landlord was bonafide and that comparative hardship of the landlord was greater and first proviso to the Section was complied with-Order of Appellate Authority not interfered with by High Court-On appeal, held: Appellate Authority rightly ordered eviction. Respondent-landlord filed application u/s. 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 against the appellant-tenants, on the grounds that the building was in dilapidated condition and was required for demolition and new construction wherein after the new construction, her husband would carry on business; and that she had bonafide requirement for establishing business of one of her sons as he was unemployed. Prescribed Authority dismissed the release application. The appeal was allowed by appellate Authority holding that requirement of first proviso to Section 21(1) of the Act had been complied with and that the need of the landlord was bonafide and landlord would suffer greater hardship as compared to the tenants. Writ Petition filed by the tenant was dismissed by High Court. In appeal to this Court appellant contended that the release application was not maintainable as first proviso to Section 21(1)(a) of the Act was not complied with and that the landlord had no bonafide requirement of the property and the tenants would suffer greater hardship in the event the shop in question were released. |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2005 INSC 236 |
Petitioner | Manoj Kumar And Anr. |
Respondent | Munni Devi |
SCR | [2005] 3 S.C.R. 959 |
Judgement Date | 2005-04-28 |
Case Number | 2919 |
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