Supreme Court of India · 2005-04-28
Manoj Kumar & Anr vs Munni Devi
- Citation / case number
- AIR 2005 SUPREME COURT 2391
- Court
- Supreme Court of India
- Petitioner
- Manoj Kumar & Anr
- Respondent
- Munni Devi
- Author
- G. P. Mathur
- Bench
- R. C. Lahoti, G. P. Mathur, P.P. Naolekar
Judgment text excerpt
The Supreme Court held that under Section 21(1)(a) of the UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, the requirement of giving six months' notice before filing a release application is mandatory. The Court emphasized that failure to provide such notice renders the application not maintainable, aligning with the precedent set in Martin & Harris Ltd. vs. Vth Addl. District Judge. The Court ultimately ruled in favor of the appellants, reversing the High Court's dismissal of their writ petition and reinstating the decision of the Prescribed Authority dismissing the landlord's release application.