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.