Supreme Court of India · 2004-09-08
SUDHA RANI GARG vs JAGDISH KUMAR (DEAD) .
- Citation / case number
- SC 2000/5025
- Court
- Supreme Court of India
- Petitioner
- SUDHA RANI GARG
- Respondent
- JAGDISH KUMAR (DEAD) .
- Author
- ARIJIT PASAYAT
- Bench
- PRAKASH PRABHAKAR NAOLEKAR ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court upheld the decision of the Allahabad High Court, confirming that the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent, and Eviction) Act, 1972 was not applicable to the tenant's case. The Court emphasized that under Section 2(2) of the Act, the burden of proof lies with the landlord to demonstrate that the building is exempt from the Act's provisions. The Court found that the trial court's conclusion regarding the date of completion of the building was correct, thereby affirming the tenant's liability for eviction.