Supreme Court of India · 1982-02-01
BABU SINGH CHAUHAN vs RAJKUMARI JAIN & ORS.
- Citation / case number
- SC 1980/63286
- Court
- Supreme Court of India
- Petitioner
- BABU SINGH CHAUHAN
- Respondent
- RAJKUMARI JAIN & ORS.
- Author
- SYED MURTAZA FAZALALI
- Bench
- SYED MURTAZA FAZALALI
Judgment text excerpt
The Supreme Court held that the allotment of premises under Section 17(2) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 must respect the landlord's right to nominate a tenant when a tenant vacates. The Court found that the prescribed authority's order allotting the premises to the appellant was without jurisdiction, as the landlady was not given the opportunity to nominate a tenant of her choice, violating the spirit of the Act. The High Court's decision to allow the landlady's writ petition and remit the case for reconsideration was upheld, affirming the importance of the landlord's rights in the allotment process.