Supreme Court of India · 1999-08-04
SUDHA AGARWAL vs XTH ADDL. DIST. JUDGE
- Citation / case number
- SC 1996/21486
- Court
- Supreme Court of India
- Petitioner
- SUDHA AGARWAL
- Respondent
- XTH ADDL. DIST. JUDGE
- Author
- SYED SHAH MOHAMMED QUADRI V.N.KHARE
- Bench
- SYED SHAH MOHAMMED QUADRI V.N.KHARE
Judgment text excerpt
The Supreme Court addressed the eviction application under Section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972, where the landlord claimed bona fide need for eviction. The Court held that even if the tenant's son had constructed a residential property, the landlord must still prove the bona fide nature of his need, as the tenant's partial non-residential use of the premises disqualified the landlord from the presumption of bona fide need under the Act. The Court ultimately upheld the lower authorities' decisions rejecting the eviction application.