AMMAL CHANDRA DUTT versus IIND ADDL. DISTT. JUDGE & ORS.

AMMAL CHANDRA DUTT versus IIND ADDL. DISTT. JUDGE & ORS.

Rule 18(1) is directory and does not bar a second application by landlord within six months if significant factual changes occurred since the first application; 'shall' in the rule is to be read as 'may' and prescribed authority may but need not accept previous findings as conclusive. Partial eviction is lawful under Section 21(1).

Parties
Appellant: Ammal Chandra Duti; Respondents: IInd Addl. District Judge & Ors.
Jurisdiction
India
Judgment Date
01 November 1988
Procedural Posture
Civil Appeal / Appeal by Special Leave Against Dismissal of Writ Petition by Allahabad High Court
Outcome
Appeal dismissed
Legal Topics
Rule 18 U.p. Urban Buildings Rules, Section 21 U.p. Urban Buildings Act, Eviction Proceedings, Release of House on Landlord's Requirement, Presumption in Statutory Interpretation
Landlord Tenant Statutory Interpretation Rule 18 U.p. Urban Buildings Rules Section 21 U.p. Urban Buildings Act Eviction Proceedings Release of House on Landlord's Requirement Presumption in Statutory Interpretation

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Parties

Ammal Chandra Duti

Appellant

IInd Addl. District Judge & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave Against Dismissal of Writ Petition by Allahabad High Court

Legal Issues

  1. 1 Whether a second application for release of house on landlord's requirement within six months from commencement of the Act is barred by Rule 18(1)
  2. 2 Interpretation of 'shall' in Rule 18(1) U.P. Urban Buildings Rules
  3. 3 Permissibility of partial eviction from building covered by single tenancy

Ratio Decidendi

Rule 18(1) is directory and does not bar a second application by landlord within six months if significant factual changes occurred since the first application; 'shall' in the rule is to be read as 'may' and prescribed authority may but need not accept previous findings as conclusive. Partial eviction is lawful under Section 21(1).

Court Disposition

Appeal dismissed

Orders

  • No order as to costs