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.