Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | alternate accommodation UP. Urban Buildings |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rent Control & Eviction: U.P. Urban Buildings (Regulation of letting, Rent and Eviction) Act, 1972/ U.P. Urban Buildings (Regulation of letting, Rent and Eviction) Rules, 1972-Section 21(1)(a)/Rule 16(2)-Eviction-On the ground of Bonafide requirement-landlady requiring the premises for her married unemployed son for starting his business-Prescribed Authority passing eviction order while Appellate Court and High Court reversing the same-On appeal, Held, even though period of tenancy is long, tenant is owning two shops whereas landlord has no alternate accommodation-Thus the need and requirement of landlady being bona fide and also comparative hardship being more to landlady eviction order restored. Appellant-landlady purchased a shop which was in occupation of tenant-respondent. Even her husband purchased adjoining shop at the same time. That time their children were small. Few years later petitioner's son got married and also passed some electrical certificate course but remained unemployed. Appellant then filed eviction petition to get the shop vacated for her son to start his own business. She submitted that her F relations with her husband were not cordial and also that she had no alternative shop whereas respondent-tenant had two shops. Eviction petition was allowed. However, both Appellate Court and High Court reversed the eviction order. Hence this appeal by the landlady. Respondent-tenant accepted that the need of the petitioner was bonafide, however contended that there was more hardship to tenant than to the landlady. |
Judge | Hon'ble Mr. Justice Brijesh Kumar |
Neutral Citation | 2002 INSC 553 |
Petitioner | Sushila |
Respondent | Iind Additional District Judge, Banda And Ors. |
SCR | [2002] Supp. (5) S.C.R. 286 |
Judgement Date | 2002-12-17 |
Case Number | 5124 |
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