M/S. PUSHPA SAHAKARI AVAS SAMITI LTD.versusM/S. GANGOTRI SAHAKARI AVAS S. LTD. AND ORS.
2012 INSC 15330 March 2012Appeal(s) allowed
In a suit for permanent injunction, the parties entered into a compromise decree dated 06‑09‑1996 requiring the defendant to pay a sum within six months. The defendant failed to pay, and the decree-holder filed an execution petition on 17‑02‑1997, before the six‑month period had expired. The defendant objected under Se…
NIRMJAL JEET SINGH HOONversusIRTIZA HUSSAIN AND ORS.
2010 INSC 73626 October 2010Dismissed
The respondents filed a suit for ejectment and arrears of rent under the UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, alleging that the defendants had illegally sub-let the property to the petitioner. The Provincial Small Cause Court decreed in favour of the respondents, holding that the petitione…
OM PRAKASH & ANR.versusMISHRI LAL (DEAD) REPRESENTED BY HIS LR. SAVITRI DEVI
2017 INSC 24521 March 2017Appeal(s) allowed
Om Prakash and another, joint owners of a property, filed an eviction suit under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 against Mishri Lal (deceased) represented by his legal heirs. The tenants admitted tenancy under the appellants' grandmother but denied the appellants as landlor…
RAMESH CHANDRA BHANDARIversusRAM SINGH SALAL
2016 INSC 5918 January 2016Appeal(s) allowed
The appellant, a retired army officer, owned a shop in Almora and sought eviction of the tenant under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bona‑fide need to start a business for his physically disabled son. The trial court ordered eviction within …
SANTOSH CHATURVEDIversusKAILASH CHANDRA & ANR.
2019 INSC 125215 November 2019Appeal(s) allowed
The appellant, Santosh Chaturvedi, filed a petition under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 seeking release of a shop premises occupied by the respondents. The prescribed authority dismissed the petition on the ground that the appellant could not claim own…
MOHAMMAD AHMAD & ANR.versusATMA RAM CHAUHAN & ORS.
2011 INSC 39813 May 2011Dismissed
The appellants, tenants of two 240 sq ft shops, were originally paying Rs 60 per month. After a landlord‑tenant dispute, the High Court Single Judge stayed their eviction and first raised the rent to Rs 600 per month (Sept 2005). In Feb 2007, following a landlord’s offer and the tenants’ acceptance, the Judge further i…
ASHA RANI GUPTAversusSRI VINEET KUMAR
2022 INSC 68411 July 2022Appeal(s) allowed
Asha Rani Gupta, the plaintiff‑lessor, filed an eviction suit against Sri Vineet Kumar, the defendant‑lessee, for non‑payment of rent and damages. The trial court struck off the defendant’s defence under Order XV Rule 5 of the CPC for failing to deposit the admitted rent, a decision affirmed by the revisional court. Th…
DAVESH NAGALYA (D) & ORS.versusPRADEEP KUMAR (D) THR. LRS. AND ORS.
2021 INSC 38910 August 2021Appeal(s) allowed
The appeal concerned a non‑residential premises let to a partnership between Pradeep Kumar (successor‑in‑interest of the original tenant) and Subhash Chand, approved by the District Magistrate in 1982. Both partners later died (Pradeep Kumar on 21‑May‑2004 and Subhash Chand on 25‑Jun‑2014) and the partnership deed cont…
MAHESH KUMAR AGARWAL (DEAD) BY LRSversusNARESH CHANDRA & ORS.
2021 INSC 8438 December 2021Appeal(s) allowed
The landlord served a legal notice on 22‑12‑2007 under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, terminating the tenancy within 30 days. An eviction application was filed on 20‑11‑2008, well after the six‑month period prescribed in the proviso. The tenants never …
SUBODH KUMARversusSHAMIM AHMED
2021 INSC 1463 March 2021Appeal(s) allowed
In 1994 the landlord filed a suit for possession, rent and mesne profits against the tenant, who failed to file a written statement, leading to an ex‑parte decree in 1998. The tenant later filed an application under Order 9 Rule 13 of the CPC (and Section 5 of the Limitation Act) on 25 August 1998 to set aside the decr…