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february 2009

Supreme Court of India · 2009-02-06

D.P.KESARI vs BOARD OF DIR.OF ALLAHABAD AGRI.INST.

Citation / case number
SC 2008/37763
Court
Supreme Court of India
Petitioner
D.P.KESARI
Respondent
BOARD OF DIR.OF ALLAHABAD AGRI.INST.
Author
TARUN CHATTERJEE,H.L. DATTU, , ,
Bench
TARUN CHATTERJEE,H.L. DATTU, , ,

Judgment text excerpt

The Supreme Court set aside the High Court's order allowing eviction under the U.P. Urban Buildings Regulation of Letting, Rent and Eviction Act, 1972, specifically Sections 2(1)(b) and 3(q). The Court held that the High Court exceeded its jurisdiction by decreeing eviction when the trial court had not ordered eviction and the matter was remanded for fresh consideration. The Court emphasized that the High Court's intervention was unwarranted as the landlord had not challenged the trial court's dismissal of the eviction application.

D.P.KESARI vs BOARD OF DIR.OF ALLAHABAD AGRI.INST. · Niyam