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may 2008

Supreme Court of India · 2008-05-13

Ganga Devi vs Distt. Judge, Nainital & Ors

Court
Supreme Court of India
Petitioner
Ganga Devi
Respondent
Distt. Judge, Nainital & Ors
Author
S.B. Sinha
Bench
S.B. Sinha, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court addressed the application for release of a shop under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, where the Appellate Authority found that the respondent had a bona fide need for the shop to start a business, reversing the lower authority's dismissal. The Court held that the High Court erred in stating that the findings of the authorities were concurrent, as the Appellate Authority had indeed overturned the prior decision. The judgment emphasizes the importance of balancing the needs of both landlord and tenant in eviction matters.

Ganga Devi vs Distt. Judge, Nainital & Ors · Niyam