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october 1988

Supreme Court of India · 1988-10-04

OM PAL. vs ANAND SWARUP (DEAD BY LRS.)

Citation / case number
SC 1988/70945
Court
Supreme Court of India
Petitioner
OM PAL.
Respondent
ANAND SWARUP (DEAD BY LRS.)
Author
S. NATRAJAN
Bench
S. NATRAJAN

Judgment text excerpt

The Supreme Court interpreted Section 13(2)(iii) of the East Punjab Urban Rent Restriction Act, 1949, clarifying that not every construction or alteration results in material impairment to a building's value or utility; the impairment must be substantial and significant. The Court held that the findings of the Rent Controller and Appellate Authority lacked a proper basis, and the High Court erred in accepting those findings without applying the correct legal principles. Consequently, the appeal was allowed, emphasizing the need for evidence to demonstrate material impairment.

OM PAL. vs ANAND SWARUP (DEAD BY LRS.) · Niyam