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.