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november 2014

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.

Sidhharth Viyas & Anr vs Ravi Nath Misra & Ors · Niyam