Supreme Court of India · 1980-05-07
RAM SWAROOP RAI vs LILAVATHI
- Citation / case number
- SC 1979/62635
- Court
- Supreme Court of India
- Petitioner
- RAM SWAROOP RAI
- Respondent
- LILAVATHI
- Author
- V.R. KRISHNAIYER
- Bench
- V.R. KRISHNAIYER
Judgment text excerpt
The Supreme Court held that under Section 2(2) of the U.P. Rent Control Act, the burden of proof lies with the landlord to establish that a building is exempt from rent control provisions due to being newly constructed within ten years. The Court emphasized that it is the landlord's responsibility to prove the date of construction, not the tenant's. The appeal was allowed, and the matter was remanded to the Trial Court for further proceedings, highlighting the need to prevent misuse of eviction claims based on new constructions.