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september 1988

Supreme Court of India · 1988-09-26

MADHU GOPAL vs VI ADDITIONAL DISTRICT JUDGE & ORS.

Citation / case number
SC 1988/70739
Court
Supreme Court of India
Petitioner
MADHU GOPAL
Respondent
VI ADDITIONAL DISTRICT JUDGE & ORS.
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court held that under Section 16(5)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, a landlord, even if not in actual possession, can seek a review of the order of release or allotment. The Court clarified that the requirement of being in lawful occupation applies only to 'any other person' and not to the landlord, thus affirming the landlord's right to property. The Special Leave Petition was dismissed, upholding the maintainability of the review application by a non-occupant owner.

MADHU GOPAL vs VI ADDITIONAL DISTRICT JUDGE & ORS. · Niyam