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.