Niyam v2 is live — start for just ₹100 — 200 credits to try

august 1975

Supreme Court of India · 1975-08-11

DWARKA PRASAD vs DWARKA DAS SARAF

Citation / case number
SC 1973/60252
Court
Supreme Court of India
Petitioner
DWARKA PRASAD
Respondent
DWARKA DAS SARAF
Author
V.R. KRISHNAIYER
Bench
V.R. KRISHNAIYER

Judgment text excerpt

The Supreme Court interpreted the term 'accommodation' under Section 2(a) of the U.P. (Temporary) Control of Rent and Eviction Act, 1947, clarifying that it encompasses residential and non-residential buildings but excludes accommodations used for industrial purposes. The Court held that the dominant purpose of a lease must be the building itself, not the business or industrial activities conducted therein. Consequently, the Court allowed the appeal, ruling that the lease in question did not fall within the scope of accommodation as defined by the Act, entitling the appellant to a decree of eviction.

DWARKA PRASAD vs DWARKA DAS SARAF · Niyam