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november 2009

Supreme Court of India · 2009-11-18

UDAY SHANKAR UPADHYAY vs NAVEEN MAHESHWARI

Citation / case number
SC 2006/4006
Court
Supreme Court of India
Petitioner
UDAY SHANKAR UPADHYAY
Respondent
NAVEEN MAHESHWARI

Judgment text excerpt

The Supreme Court held that the landlord's bona fide need for the shop for his sons' business is paramount, and the courts cannot dictate the floor on which the business should be conducted. The trial court's finding of bona fide need was upheld, while the appellate court's decision to suggest alternative accommodation was deemed arbitrary. The judgments of the High Court and the first appellate court were set aside, restoring the trial court's decree for eviction under the relevant provisions of the Madhya Pradesh Accommodation Control Act.

UDAY SHANKAR UPADHYAY vs NAVEEN MAHESHWARI · Niyam