SHRI SWAROOP NARAIN SRIVASTAVA versus THE IVTH ADDL. DISTRICT JUDGE AND ORS.

SHRI SWAROOP NARAIN SRIVASTAVA versus THE IVTH ADDL. DISTRICT JUDGE AND ORS.

The landlord's application for release of the vacant building must be considered and decided in preference to any application by former tenants for reallotment, as mandated by Rule 13(4) of the 1972 Rules. Allocation to former tenants can only be considered if the landlord's application is rejected.

Parties
Appellant Landlord: Shri Swaroop Narain Srivastava; Respondents: IVth Additional District Judge and Others
Jurisdiction
India
Judgment Date
08 August 1994
Procedural Posture
Civil Appeal / Supreme Court Appeal Against High Court and Additional District Judge Orders
Outcome
Appeal allowed
Legal Topics
Release of Vacant Building, Preference of Landlord's Application for Release, Reallotment by Former Tenants, Interpretation of Procedure Under U.p. Urban Buildings (regulation of Letting, Rent and Eviction) Act, 1972
Tenancy Urban Property Rent Control Release of Vacant Building Preference of Landlord's Application for Release Reallotment by Former Tenants Interpretation of Procedure Under U.p. Urban Buildings (regulation of Letting, Rent and Eviction) Act, 1972

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Parties

Shri Swaroop Narain Srivastava

Appellant Landlord

IVth Additional District Judge and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal Against High Court and Additional District Judge Orders

Legal Issues

  1. 1 Whether the application for release of a vacant building by the landlord should be considered in preference to an application for reallotment by former tenants under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.

Ratio Decidendi

The landlord's application for release of the vacant building must be considered and decided in preference to any application by former tenants for reallotment, as mandated by Rule 13(4) of the 1972 Rules. Allocation to former tenants can only be considered if the landlord's application is rejected.

Court Disposition

Appeal allowed

Orders

  • Order of the IVth Additional District Judge in Rent Revision No. 111 of 1982 and the order of the High Court in W.P. No. 6189 of 1982 set aside.
  • Order of the Additional District Magistrate (City), Lucknow dated 24.8.1982 restored with modification that respondents 2 to 4 or any person claiming through them shall put the appellant in possession of the disputed house forthwith.