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may 2007

Supreme Court of India · 2007-05-14

Ram Kumar Barnwal vs Ram Lakhan (Dead)

Court
Supreme Court of India
Petitioner
Ram Kumar Barnwal
Respondent
Ram Lakhan (Dead)
Author
Arijit Pasayat
Bench
Arijit Pasayat, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court held that under Section 21 of the Uttar Pradesh Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, the High Court erred in remanding the matter to the Prescribed Authority despite acknowledging the erroneous findings of lower courts. The Court emphasized that subsequent events, such as the appellant's eviction and lack of alternative commercial space, should be considered in determining bona fide need. The appeal was allowed, and the High Court's order was set aside, allowing the appellant to pursue his release application based on current circumstances.

Ram Kumar Barnwal vs Ram Lakhan (Dead) · Niyam