Niyam v2 is live — start for just ₹100 — 200 credits to try

april 1997

Supreme Court of India · 1997-04-02

KAMLESHWAR PRASAD vs PRADUMANJI AGARWAL (DEAD) BY LRS

Citation / case number
SC 1997/3785
Court
Supreme Court of India
Petitioner
KAMLESHWAR PRASAD
Respondent
PRADUMANJI AGARWAL (DEAD) BY LRS
Author
PATTANAIK
Bench
G.B. PATTANAIK K. RAMASWAMY

Judgment text excerpt

The Supreme Court upheld the decision of the Allahabad High Court which dismissed the writ petition challenging the eviction order under Section 21(1)(a) of the U.P. Act XIII of 1972. The Court ruled that the bona fide requirement of the landlord, established prior to his death, remained valid and that the High Court could not consider subsequent events in its supervisory jurisdiction under Article 226. The Court affirmed the finality of the eviction decree, emphasizing that the requirement must exist at the time of the eviction application.

KAMLESHWAR PRASAD vs PRADUMANJI AGARWAL (DEAD) BY LRS · Niyam