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february 2008

Supreme Court of India · 2008-02-07

SHIV SINGH CHAK vs BABY JAIN

Citation / case number
SC 2007/1200
Court
Supreme Court of India
Petitioner
SHIV SINGH CHAK
Respondent
BABY JAIN
Author
K. G. BALAKRISHNAN,R. V. RAVEENDRAN M. PANCHAL
Bench
K. G. BALAKRISHNAN,R. V. RAVEENDRAN,J. M. PANCHAL

Judgment text excerpt

The Supreme Court upheld the eviction of the tenant under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, affirming the concurrent findings of the Prescribed Authority and Appellate Authority regarding the landlord's bona fide need for the shop. The Court rejected the tenant's argument that the High Court erred in applying Explanation (i) of Section 21(1), clarifying that the need for proof of greater hardship does not apply in this case. The appeal was dismissed, affirming the eviction order.

SHIV SINGH CHAK vs BABY JAIN · Niyam