Supreme Court of India · 2008-09-26
DIWAKAR UPADHYAY vs P.N. KHANNA .
- Citation / case number
- SC 2006/7045
- Court
- Supreme Court of India
- Petitioner
- DIWAKAR UPADHYAY
- Respondent
- P.N. KHANNA .
- Author
- R.V. RAVEENDRAN,LOKESHWAR SINGH PANTA, , ,
- Bench
- R.V. RAVEENDRAN,LOKESHWAR SINGH PANTA, , ,
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, affirming that the appellant's prolonged litigation constituted an abuse of the judicial process. 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 from 1973 to 2006. The Court found no error in the High Court's ruling and dismissed the appeal regarding the damages awarded.