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.