SHAYAM BABU versus DISTRICT JUDGE, MORADABAD & OTHERS

SHAYAM BABU versus DISTRICT JUDGE, MORADABAD & OTHERS

A sub-tenant inducted with the landlord's consent is entitled to the protection of the fourth proviso to section 21 of the Act, and the prescribed authority is legally bound to consider comparative hardship on both the sub-tenant and landlord before passing an order for release or refusal.

Parties
Appellant: Shyam Babu; Respondents: District Judge, Moradabad & Others
Jurisdiction
India
Judgment Date
14 December 1983
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Sub Tenancy, Comparative Hardship, Eviction, Interpretation of Statutory Proviso
Landlord and Tenant Rent Control Sub Tenancy Comparative Hardship Eviction Interpretation of Statutory Proviso

Case Brief

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Parties

Shyam Babu

Appellant

District Judge, Moradabad & Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether a sub-tenant is entitled to protection under the fourth proviso to section 21 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.

Ratio Decidendi

A sub-tenant inducted with the landlord's consent is entitled to the protection of the fourth proviso to section 21 of the Act, and the prescribed authority is legally bound to consider comparative hardship on both the sub-tenant and landlord before passing an order for release or refusal.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of the High Court and those of the District Judge and prescribed authority on the question of comparative hardship are set aside.
  • Case remanded to the District Judge to send it to the prescribed authority to dispose of the application under section 21 after considering the likely hardship of both appellant and landlord.