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november 1987

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.

MOHAMMAD SWALLEH & ORS. v. vs IIIRD ADDL. DISTRICT JUDGE, MEERUT & ANR. · Niyam