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november 2007

Supreme Court of India · 2007-11-28

Yadvendra Arya & Anr vs Mukesh Kumar Gupta

Citation / case number
AIR 2008 SUPREME COURT 773
Court
Supreme Court of India
Petitioner
Yadvendra Arya & Anr
Respondent
Mukesh Kumar Gupta
Author
Arijit Pasayat
Bench
Arijit Pasayat, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court upheld the High Court's decision allowing the landlord's application under Section 21(1)(a) of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, for the release of a shop for his independent business. The Court emphasized the importance of assessing bona fide needs and comparative hardship, affirming that the landlord's need for the shop was genuine as he was unemployed and required the space for his own livelihood. The appellants' claim that the landlord could join his father's business was dismissed, leading to the order for eviction being maintained.

Yadvendra Arya & Anr vs Mukesh Kumar Gupta · Niyam