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april 2002

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.

Ramesh Chandra Kesherwani vs Dwarika Prasad And Anr. · Niyam