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Supreme Court of India · 2017-03-30

SATISH CHANDER AGGARWAL (D) BY LRS. vs SHYAM LAL OM PRAKASH, ARHTI

Citation / case number
SC 2006/16059
Court
Supreme Court of India
Petitioner
SATISH CHANDER AGGARWAL (D) BY LRS.
Respondent
SHYAM LAL OM PRAKASH, ARHTI
Author
HON'BLE MR. JUSTICE KURIAN JOSEPH
Bench
HON'BLE MRS. JUSTICE R. BANUMATHI HON'BLE MR. JUSTICE KURIAN JOSEPH

Judgment text excerpt

The Supreme Court held that the bona fide requirement established by the original landlord under Section 21(a) of the U.P. Urban Building Act can be relied upon by the surviving legal heirs to seek eviction. The Court found that since the family business is continued by the heirs, it suffices to meet the bona fide need without requiring a separate cause of action. Consequently, the Court set aside the High Court's order and restored the eviction order passed by the First Appellate Authority.

SATISH CHANDER AGGARWAL (D) BY LRS. vs SHYAM LAL OM PRAKASH, ARHTI · Niyam