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august 1999

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.

SUDHA AGARWAL vs XTH ADDL. DIST. JUDGE · Niyam