Supreme Court of India · 2014-11-25
Sidhharth Viyas & Anr vs Ravi Nath Misra & Ors
- Citation / case number
- AIR 2015 SUPREME COURT 434
- Court
- Supreme Court of India
- Petitioner
- Sidhharth Viyas & Anr
- Respondent
- Ravi Nath Misra & Ors
- Author
- Adarsh Kumar Goel
- Bench
- R. Banumathi, Adarsh Kumar Goel, T.S. Thakur
Judgment text excerpt
The Supreme Court analyzed the applicability of Section 12(3) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, regarding 'deemed vacancy' when a tenant or their family acquires a new residential property. The Court held that if the acquisition occurs before the Act applies to the tenancy, as was the case here, the tenant cannot be deemed to have vacated the original premises. The High Court's decision was upheld, confirming that the tenant's prior acquisition precluded a declaration of vacancy under the Act.