Niyam v2 is live — start for just ₹100 — 200 credits to try

september 2008

Supreme Court of India · 2008-09-26

Diwakar Upadhyay vs P.N. Khanna & Ors

Court
Supreme Court of India
Petitioner
Diwakar Upadhyay
Respondent
P.N. Khanna & Ors
Bench
Lokeshwar Singh Panta, R.V. Raveendran

Judgment text excerpt

The Supreme Court upheld the High Court's order directing the appellant to deliver possession of the suit premises to the first respondent, emphasizing the appellant's abuse of the judicial process to delay possession for over three decades. The Court noted that under Section 16(9) of the Uttar Pradesh Buildings (Regulation of Letting Rent and Eviction) Act, 1972, the District Magistrate may direct payment of presumptive rent, and justified the High Court's decision to impose damages for use and occupation at specified rates. The Court found no error in the High Court's ruling and dismissed the appeal regarding the damages ordered.

Diwakar Upadhyay vs P.N. Khanna & Ors · Niyam