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.