Supreme Court of India · 2009-10-28
Jai Prakash Gupta (D) Thr.Lrs vs Riyaz Ahamad & Anr
- Court
- Supreme Court of India
- Petitioner
- Jai Prakash Gupta (D) Thr.Lrs
- Respondent
- Riyaz Ahamad & Anr
- Author
- Tarun Chatterjee
- Bench
- Aftab Alam, Tarun Chatterjee
Judgment text excerpt
The Supreme Court addressed the appeal concerning the release of a shop under Section 21(1)(a) of the U.P. Act No. 13 of 1972, which was initially denied by the Prescribed Authority on grounds of the landlord's existing space sufficiency. The Court held that the landlord's bonafide requirement for the shop to establish his son as a Chartered Accountant was valid, overturning the lower court's decision. The judgment emphasized the need to consider the comparative hardship of both parties, ultimately allowing the landlord's appeal and reinstating the order for release of the shop.