Supreme Court of India · 2008-05-12
R.K. SHUKLA vs SUDHRIST NARAIN ANAND
- Citation / case number
- SC 2004/27031
- Court
- Supreme Court of India
- Petitioner
- R.K. SHUKLA
- Respondent
- SUDHRIST NARAIN ANAND
- Author
- TARUN CHATTERJEE
Judgment text excerpt
The Supreme Court addressed the issue of allotment of a disputed premises under the U.P. Act No. 13 of 1972, specifically focusing on the procedure for determining vacancy and the rights of the landlord and applicants. The Court held that the Rent Control and Eviction Officer must consider the actual occupation of the premises before allotting it to another party, emphasizing that the presence of the landlord and the lack of other applicants during hearings are critical factors. The Court ultimately ruled in favor of the respondent, dismissing the applications for allotment due to the respondent's established occupation of the premises.