SMT. SHANTI DEVI AND ANR. versus SWAMI ASHANAND & ANR.

SMT. SHANTI DEVI AND ANR. versus SWAMI ASHANAND & ANR.

The landlord's purpose of reconstructing the premises for religious activities, including propagation of religion, delivering sermons, and occupation as residence falls within the expression of 'profession, trade or calling' under Section 21(1)(a). Therefore, the tenanted premises is liable to be vacated.

Parties
Appellant: Smt. Shanti Devi; Respondent: Swami Ashanand; Appellant/proforma Respondent: Sheet Chandra (deceased, through representatives)
Jurisdiction
India
Judgment Date
20 December 2002
Procedural Posture
Civil Appeal / Supreme Court, Appeal by Special Leave From Judgment of Allahabad High Court
Outcome
Appeal dismissed
Legal Topics
Bonafide Requirement, Reconstruction of Building, Religious Activities, Section 21(1)(a)
Rent Control Eviction Bonafide Requirement Reconstruction of Building Religious Activities Section 21(1)(a)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Smt. Shanti Devi

Appellant

Swami Ashanand

Respondent

Sheet Chandra (deceased, through representatives)

Appellant/proforma Respondent

Procedural Posture

Civil Appeal / Supreme Court, Appeal by Special Leave From Judgment of Allahabad High Court

Legal Issues

  1. 1 Whether the landlord's purpose of reconstructing a residence along with a temple and satsang hall for religious activities falls within Section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972

Ratio Decidendi

The landlord's purpose of reconstructing the premises for religious activities, including propagation of religion, delivering sermons, and occupation as residence falls within the expression of 'profession, trade or calling' under Section 21(1)(a). Therefore, the tenanted premises is liable to be vacated.

Court Disposition

Appeal dismissed

Orders

  • Appellants are allowed four months’ time from today for vacating the suit premises and delivering peaceful vacant possession to the respondent-landlord, subject to filing usual undertaking within a period of three weeks from today.