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november 2009

Supreme Court of India · 2009-11-18

Uday Shankar Upadhyay & Ors vs Naveen Maheshwari

Court
Supreme Court of India
Petitioner
Uday Shankar Upadhyay & Ors
Respondent
Naveen Maheshwari
Bench
Markandey Katju, R.M. Lodha

Judgment text excerpt

The Madhya Pradesh High Court held that the landlord's bona fide need for the shop for his sons' business was established, and the appellate court's decision to suggest alternative accommodation on the first floor was arbitrary. The court emphasized that it is not for the courts to dictate the premises' usage to the landlord, as businesses are typically conducted on the ground floor for accessibility. The High Court set aside the judgments of the lower courts and restored the trial court's decree for eviction, allowing the tenant one year to vacate while continuing to pay rent.

Uday Shankar Upadhyay & Ors vs Naveen Maheshwari · Niyam