Supreme Court of India · 1987-11-04
MOHAMMAD SWALLEH & ORS. v. vs IIIRD ADDL. DISTRICT JUDGE, MEERUT & ANR.
- Citation / case number
- SC 1979/62712
- Court
- Supreme Court of India
- Petitioner
- MOHAMMAD SWALLEH & ORS. v.
- Respondent
- IIIRD ADDL. DISTRICT JUDGE, MEERUT & ANR.
- Author
- SABYASACHI MUKHARJI
- Bench
- SABYASACHI MUKHARJI
Judgment text excerpt
The Supreme Court held that under Section 43(2)(rr) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, a landlord can file for eviction even after a previous suit was dismissed, provided the permission obtained under the old Act was final. The Court clarified that the dismissal of the first suit on technical grounds does not bar a subsequent application for eviction. The Court upheld the High Court's decision allowing the landlord's second application, affirming the principle that prior permission remains valid for further proceedings.