MANOJ KUMAR AND ANR. versus MUNNI DEVI

MANOJ KUMAR AND ANR. versus MUNNI DEVI

Appellate Authority's finding that landlord's need was bona fide and that comparative hardship favoured landlord, coupled with compliance of notice requirement under Section 21(1)(a), justified order of release; High Court rightly declined interference under Article 226.

Parties
Appellant: Manoj Kumar and Anr.; Respondent: Munni Devi
Jurisdiction
India
Judgment Date
28 April 2005
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Allahabad High Court
Outcome
Appeal dismissed with costs
Legal Topics
Eviction, Bonafide Requirement, Comparative Hardship, Notice Requirement, UP Urban Buildings Act
Tenancy and Rent Control Eviction Bonafide Requirement Comparative Hardship Notice Requirement UP Urban Buildings Act

Case Brief

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Parties

Manoj Kumar and Anr.

Appellant

Munni Devi

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Allahabad High Court

Legal Issues

  1. 1 Whether the landlord complied with notice requirement under the first proviso to Section 21(1)(a) of the UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972
  2. 2 Whether the landlord had bonafide requirement for the premises
  3. 3 Comparative hardship between landlord and tenants

Ratio Decidendi

Appellate Authority's finding that landlord's need was bona fide and that comparative hardship favoured landlord, coupled with compliance of notice requirement under Section 21(1)(a), justified order of release; High Court rightly declined interference under Article 226.

Court Disposition

Appeal dismissed with costs

Orders

  • Appellants granted time till 31.07.2005 to vacate building subject to filing usual undertaking within one month