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november 1976

Supreme Court of India · 1976-11-19

RAMESH CHANDRA MISRA vs MAHENDRA TRIPATHI & ORS.

Citation / case number
SC 1976/60885
Court
Supreme Court of India
Petitioner
RAMESH CHANDRA MISRA
Respondent
MAHENDRA TRIPATHI & ORS.
Author
A.C. GUPTA
Bench
A.C. GUPTA

Judgment text excerpt

The Supreme Court held that under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, specifically Section 16, unauthorized occupants are not explicitly barred from applying for allotment of vacant buildings. The Court found that the High Court's inference of a disability for unauthorized occupants was unfounded, as the Act does not contain provisions that disallow such applications. The appeal was allowed, and the previous order of allotment was set aside, affirming the appellant's right to apply for allotment.

RAMESH CHANDRA MISRA vs MAHENDRA TRIPATHI & ORS. · Niyam