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.