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52 judgments · newest first · showing 1–52
The petitioner, a landlord, filed a petition under Article 227 seeking a direction to the Civil Judge (Senior Division) in Kanpur Nagar to decide a pending rent case (Rent Case No. 09 of 2012) within a stipulated period. The petitioner alleged undue hardship due to repeated adjournments since the …
The appellant, a landlord, sought eviction of a tenant who had occupied a cinema building in Allahabad since 1952 under a ten‑year lease that had long expired. The Prescribed Authority had allowed eviction on the ground of bona‑fide need, noting the landlord's limited income, his crippled son’s …
The landlord owned Shop No. 4 in Gorakhpur and leased it to the tenant on a five‑year fixed tenancy starting 1 July 1985, with a clause for rent increase upon consent after expiry. After the tenancy ended on 30 June 1990, the tenant remained in possession without a renewed lease and failed to pay …
Meera Devi, the owner of a house in Jhansi, filed an eviction suit against tenant Dinesh Chandra Joshi for non-payment of rent. The trial court ordered eviction and payment of compensation, but the High Court later set aside the suit. During the pendency of the appeal, the Supreme Court directed the …
Man Singh, a tenant of a shop in Saharanpur, paid a rent of Rs.250 per month. When the landlord refused to accept the rent, the tenant deposited the rent in the court under Section 30 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The landlord later served …
Geeta Gupta purchased a property in 1994 that had been let to Ramesh Chandra Dwivedi since 1975 under an agreement with Dhruv Narayan Tripathi, who claimed power of attorney from the original owners. The second respondent applied under Section 16 of the Uttar Pradesh Urban Buildings (Regulation of …
The appellant, Mohd. Inam, challenged a vacancy declaration made by the Rent Control and Eviction Officer under Section 12(1)(b) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, alleging that only his family members occupied the premises and therefore the …
The appellants, tenants of shops in a Gurudwara, challenged the Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997 on the ground that it withdrew the protection afforded to them under the East Punjab Urban Rent Restrictions Act, 1949 and violated Article 14. The Supreme Court …
The appellants, owners of a house in Allahabad, filed an eviction application under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bona‑fide need to use the premises for their own commercial business. The Prescribed Authority …
The landlord, Shri Ram Lal, let a portion of his house to Dr. H.K. Sharma under a tenancy agreement dated 22 July 1985. In 2008 the landlord filed an eviction application under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming …
The landlord filed an eviction suit under Section 20(2)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for non‑payment of rent. The trial court and the revisional court decreed eviction. The tenant appealed, contending that he was entitled to the relief …
The appeal concerned whether a review under Section 16(5)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, is maintainable when the order under review deals with the finding of vacancy. The appellant argued that only orders under Section 16(1)(a) or (b) – …
The appellant-landlord filed an eviction suit against the respondents-tenants after the ten‑year lease expired and no fresh lease was executed. The tenants continued in possession, constructed shops and sub‑let the premises to a third party, and the landlord alleged defaults in rent and municipal …
The appellant, a tenant of a small shop in Doiwala, Dehradun, received a notice of termination under Section 106 of the Transfer of Property Act on 19 September 1972 and the landlord filed an eviction suit on 1 October 1972. The issue was whether the tenancy was protected by the United Provinces …
The appellant, Nidhi, the owner of a non‑residential building, sought possession of the premises under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bona‑fide requirement to house her ailing grandparents and her younger sister. …
Gulshera Khanam, the landlady of a shop, sought eviction of tenant Aftab Ahmad on the ground that her married daughter, a co‑owner of the building, needed the adjacent shop to expand her medical clinic. The lower authorities held that the daughter, as a female with a legal right of residence, fell …
The case concerned a century‑old building in Lucknow covered by the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The landlord, Anil Kalra, obtained a release order under s.16(1)(b) for demolition, but several occupants, allegedly placed by the respondents …
The landlord, Samar Pal Singh, sued his tenant, Chitranjan Singh, for eviction and arrears of rent under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The tenant deposited the full arrears with interest and costs, invoking protection under Section 20(4) of …
The father of the appellants, Raj Kumar, owned a shop that was let to the respondent. After Raj Kumar’s death, his brother Shiv Kumar filed an eviction suit, and upon Shiv’s death his sons Kuldeep Kumar and Pradeep Kumar were substituted as plaintiffs as heirs. The trial court decreed eviction in …
The Supreme Court examined whether Section 12(3) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, which deems a tenancy vacant when the tenant or a family member acquires another residential building, applies when such acquisition occurs before the Act …
The landlord, Krishna Kumar Rastogi, filed an application under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 seeking the eviction of tenant Sumitra Devi so that his son could occupy the shop. The Prescribed Authority allowed the …
The landlords, Mohd. Ayub & Anr., sought eviction of tenant Mukesh Chand under Section 21 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, claiming a bona‑fide need for the premises for their unemployed sons. The lower authorities dismissed the application, …
The case concerned a suit for eviction and recovery of arrears of rent under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. An ex‑parte decree against the original tenant was set aside after the court found that summons had not been served, and the tenants …
The landlord filed eviction suits against tenants occupying a go‑down, a shop and a kothari. The lower authority dismissed all three suits; on appeal the go‑down was ordered to be evicted while the shop and kothari were retained by the tenants. The landlord then filed writ petitions in the Allahabad …
The appeal concerned the interpretation of the proviso to Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The appellant, Nirbhai Kumar, argued that the three‑year bar on eviction of a sitting tenant after a change of ownership and the …
The landlords, owners of a shop in Dehradun, sought eviction of the tenant under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bona‑fide requirement to run a readymade garment business by the retired husband Matloob Ahmad and …
The appellant, R.K. Shukla, obtained an allotment of a premises after the Rent Control & Eviction Officer (RC&EO) declared it vacant, despite the landlord Sudhrist Narain Anand (deceased) asserting physical occupation. The landlord challenged the allotment and the vacancy declaration in a writ …
The tenant's rent was fixed at Rs.150 per month under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The landlords sought eviction on the ground of bonafide requirement, but the eviction petition was dismissed by the prescribed and appellate authorities. The …
The respondent, a landlord, filed an eviction petition under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, seeking to recover a non‑residential shop for her husband's motor‑parts business. The appellant, the tenant, contended that he …
The landlord, an unemployed graduate, filed an application under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, seeking release of a shop he let to tenants so that he could start his own electrical goods business, claiming a bona‑fide …
The tenant, Shri Mundri Lal, challenged an eviction suit filed by his landlord, Smt. Sushila Rani, under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, contending that the premises were a "new construction" and therefore exempt under Section 2(2) of the Act. …
The landlady, Maqsoodan, purchased a shop and filed a release application under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bonafide need to set up a firearms‑repair business for her son. The prescribed authority allowed …
The appellants, legal heirs of a tenant, challenged a suit for recovery of arrears and eviction filed by the landlord who claimed periodic rent enhancements to Rs 200 and Rs 400 per month after the tenant carried out improvements. The lower courts had accepted the landlord's oral agreement for such …
The landlord (Achal Misra) sought to set aside orders of allotment of two floors of a building to tenants under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, arguing that the earlier declaration of vacancy was erroneous and that the High Court erred in …
The landlords applied under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for eviction of a shop occupied by the tenant, claiming a bona‑fide requirement. The Prescribed Authority, the District Judge and the High Court all upheld the …
The appellant landlord filed an ejectment suit under the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for non‑payment of rent. The trial court dismissed the suit, holding that the lease was entered into in contravention of the Act and therefore void. The …
The landlord, Joginder Pal, filed an eviction petition under Section 13(3)(a)(ii) of the East Punjab Urban Rent Restriction Act, 1949, claiming the premises were needed for the office of his chartered‑accountant son. The tenant, Naval Kishore Behal, occupied the premises for non‑residential purposes …
The appellant, Ram Narayan Sharma, applied for allotment of a vacant premises under Section 16(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The landlord died, his heirs were substituted, and an allotment order was made, allowing the appellant to …
The landlord, G.C. Kapoor, let a premises to a tenant when his son Rohit was a minor. After Rohit obtained a post‑graduate diploma in computer science, the landlord filed an eviction petition under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, …
The landlord sought eviction of the tenants under Section 21(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, claiming a bona‑fide need for the shop to start his son’s business. The Prescribed Authority accepted the claim and ordered eviction with …
The appellant, Dr. R.K. Parashar, was allotted Shop No.123‑A by the Rent Control and Eviction Officer, a decision later upheld by the Additional District Judge. Respondent No.1, Dinesh Kumar, who had earlier attempted to regularise his occupation of the same shop through applications under Rule …
The landlord Sushila Devi filed an eviction suit under Section 20(4) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, alleging that the tenant had defaulted in rent for 33 months. The summons fixed the first hearing for 22‑Feb‑1990, but the tenant, who died …
The tenant Ramesh Chand sought to enforce the landlord's promise to provide a new shop at reasonable rent and alternative accommodation after demolition of the existing premises. The landlord had obtained permission to file an eviction suit under the 1947 U.P. Rent Act, giving an …
The Supreme Court examined whether the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act 13) applies to cantonment areas in Uttar Pradesh and whether the Central Government’s notifications of 1 Sept 1973 and 17 Feb 1982, issued under the Cantonments (Extension …
The landlord obtained a decree for eviction of the tenant's shop, with the trial court ordering each party to bear its own costs. While the appeal was pending, the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 came into force, requiring a tenant to deposit the …
The appellant-landlady sued the respondent-tenant for possession of a premises, alleging arrears of rent of Rs.3,960 at a rate of Rs.360 per month and that the property fell within the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The tenant contended the rent …
Manzoor Hussain, a tenant of a residential premises in Aligarh, died in 1969 leaving a widow, three sons and a daughter who continued to occupy the premises and pay rent. One son, Nairn, built a separate house in the same city in 1978‑80. The Prescribed Authority, relying on section 12(3) of the …
The Supreme Court examined two civil appeals filed by tenants (Ganpat Roy and others) who challenged orders notifying a "deemed vacancy" of their non‑residential premises under Section 12(2) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. The tenants argued …
The Supreme Court considered two appeals filed by Bimla Devi, a landlord, seeking eviction of her tenant from the remaining portion of a house she partially occupied. The central issue was the interpretation of Explanation (iv) to Section 21(1)(b) of the Uttar Pradesh Urban Buildings (Regulation of …
The landlord filed a suit for eviction, arrears of rent and damages against the tenant, alleging that the premises were not covered by the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 because the building was less than ten years old at the time of filing. The …
The landlords of a shop applied under section 21 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for release of the premises for personal use, invoking the fourth proviso which requires consideration of comparative hardship. The shop had been let to Krishan …
The appellants, landlords of a building occupied by tenant Keshar Singh who ran Hotel Waldrof, obtained a decree for his eviction due to rent default. Anticipating vacancy, they filed an application under Section 16(1)(a) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and …
