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.