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may 1980

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.

RAM SWAROOP RAI vs LILAVATHI · Niyam