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october 2007

Supreme Court of India · 2007-10-31

Prabha Arora & Anr vs Brij Mohini Anand & Ors

Citation / case number
AIR 2008 SUPREME COURT 643
Court
Supreme Court of India
Petitioner
Prabha Arora & Anr
Respondent
Brij Mohini Anand & Ors
Author
Markandey Katju
Bench
A.K. Mathur, Markandey Katju

Judgment text excerpt

The Supreme Court held that under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, the landlord's need for eviction must persist until the final decree. The Court found that the creation of a Trust regarding the property negated the landlord's claim for personal requirement, as the Trust's income would not benefit her directly. Consequently, the appeal against the High Court's decision to allow eviction was dismissed, affirming that the landlord's need no longer subsisted due to changed circumstances.

Prabha Arora & Anr vs Brij Mohini Anand & Ors · Niyam