PRABHA ARORA AND ANR. versus BRIJ MOHINI ANAND AND ORS.

PRABHA ARORA AND ANR. versus BRIJ MOHINI ANAND AND ORS.

After creation of a Trust, the purpose for eviction (running tuition classes to augment landlady's income) disappeared, as the property now belongs to the Trust and there is no personal requirement. Therefore, the landlady is not entitled to eviction under Section 21(1)(a).

Parties
Appellant: Prabha Arora; Respondent: Brij Mohini Anand
Jurisdiction
India
Judgment Date
31 October 2007
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
appeal allowed; eviction orders set aside
Legal Topics
Eviction, Personal Requirement, Subsequent Events
Property Law Rent Control Eviction Personal Requirement Subsequent Events

Case Brief

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Parties

Prabha Arora

Appellant

Brij Mohini Anand

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the landlady is entitled to eviction of tenant under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 after subsequent creation of a Trust during litigation

Ratio Decidendi

After creation of a Trust, the purpose for eviction (running tuition classes to augment landlady's income) disappeared, as the property now belongs to the Trust and there is no personal requirement. Therefore, the landlady is not entitled to eviction under Section 21(1)(a).

Court Disposition

appeal allowed; eviction orders set aside

Orders

  • Impugned judgment of High Court dated 09.10.2006 and appellate authority dated 16.03.2006 set aside
  • Appeal allowed; no order as to costs