Supreme Court of India · 2002-04-11
Ramesh Chandra Kesherwani vs Dwarika Prasad And Anr.
- Citation / case number
- AIRONLINE 2002 SC 418
- Court
- Supreme Court of India
- Petitioner
- Ramesh Chandra Kesherwani
- Respondent
- Dwarika Prasad And Anr.
- Bench
- D.P. Mohapatra, Brijesh Kumar
Judgment text excerpt
The Supreme Court upheld the High Court's order of partial eviction of a tenant under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, affirming that the prescribed authority has the power to order eviction from non-residential premises as well. The Court clarified that no distinction exists between residential and non-residential premises regarding the authority's power to grant partial eviction. The judgment emphasized that the authority's discretion must be exercised in the interest of justice based on the facts of each case.