ASHOK KUMAR & ORS. vs ADDITIONAL DISTRICT JUDGE, NAINITAL & ORS.

The Supreme Court held that under Section 16(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, a landlord can apply for notifying a vacancy even before the premises are actually vacant. The Court found that the High Court erred in dismissing the landlord's writ petition, as the respondent had no legitimate claim to the property and had not established any tenancy or partnership with the tenant. The Court reversed the Appellate Authority's decision, affirming the landlord's right to the property after eviction of the tenant.