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august 2014

Supreme Court of India · 2014-08-20

KRISHNA KUMAR RASTOGI vs SUMITRA DEVI

Citation / case number
SC 2012/16911
Court
Supreme Court of India
Petitioner
KRISHNA KUMAR RASTOGI
Respondent
SUMITRA DEVI
Author
PRAFULLA C. PANT
Bench
PRAFULLA CHANDRA PANT SUDHANSU JYOTI MUKHOPADHAYA

Judgment text excerpt

The Supreme Court upheld the dismissal of the landlord's application under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, stating that the tenant's hardship was greater than that of the landlord. The Court emphasized that the landlord's need for the shop was not genuine as the tenant was actively using the shop for business. The judgment reinforced the principle that the balance of hardship must be considered in eviction proceedings.

KRISHNA KUMAR RASTOGI vs SUMITRA DEVI · Niyam