Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent Uttar Pradesh Urban Buildings (Regulation of Letting |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - s.21(1)(a) - Release of building under occupation of tenant - Release sought by landlady on the ground a/bona fide requirement for her grandparents -Prescribed Authority holding that balance of convenience was in favour of the landlady, found that she required the premises bona fide - Appellate court held that need for tenanted premises was not based on bona fide requirement - The High Court held that the alleged bona fide need extinguished in view of the subsequent circumstance viz. marriage of the landlady - On appeal, held: Though the court has the power to take note of the. subsequent events, court has to consider the effect of subsequent development on the bona fide need of the landlord - For the purpose of coming to the conclusion on bona fide need, comparative hardship of the parties have to be taken into consideration - In the present case though the landlady, during pendency of the appeal, got married, but still her requirement to accommodate the grandparents continued - The subsequent event of marriage of landlady did not extinguish her claim for requirement considering the comparative hardship in the facts of the present case - The High Court, while taking note of subsequent events, failed to consider comparative hardship to the landlady - Rent Control and Eviction. Rent Control and Eviction - Landlord-tenant dispute - The legislations made for dealing with landlord-tenant disputes are protenant - The court tends to bend towards the tenant in order to do justice - But in the process of doing justice, the court cannot be overzealous' and forget its duty towards the landlord. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2017 INSC 113 |
Petitioner | Nidhi |
Respondent | Ram Kripal Sharma (d) Through Lrs |
SCR | [2017] 1 S.C.R. 897 |
Judgement Date | 2017-02-07 |
Case Number | 1008 |
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