S.P. JAIN versus KRISHNA MOHAN GUPTA & ORS.

S.P. JAIN versus KRISHNA MOHAN GUPTA & ORS.

The appellant, already in possession of a separately enjoyed portion of his house (ground floor), is not entitled to recourse to the urgency provisions for eviction of a tenant from the first floor under section 24A, 24B, and 24C of the Act; both portions can be separately enjoyed and considered independent dwelling units; thus, summary eviction procedure is not available.

Parties
Appellant: S.P. Jain; Respondent: Krishna Mohan Gupta; Respondent: D.N. Mukharjee; Respondent: M.M. Kashtriya
Jurisdiction
India
Judgment Date
04 December 1986
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Eviction of Tenant, Government Servant Accommodation, Interpretation of 'dwelling House', Summary Proceedings Under U.p. Urban Buildings Act
Rent Control Property Law Administrative Law Eviction of Tenant Government Servant Accommodation Interpretation of 'dwelling House' Summary Proceedings Under U.p. Urban Buildings Act

Case Brief

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Parties

S.P. Jain

Appellant

Krishna Mohan Gupta

Respondent

D.N. Mukharjee

Respondent

M.M. Kashtriya

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether landlord in possession of ground floor of his own house is entitled to evict tenant from first floor in summary proceedings under urgency provisions of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972
  2. 2 Meaning of 'dwelling house' within the Act

Ratio Decidendi

The appellant, already in possession of a separately enjoyed portion of his house (ground floor), is not entitled to recourse to the urgency provisions for eviction of a tenant from the first floor under section 24A, 24B, and 24C of the Act; both portions can be separately enjoyed and considered independent dwelling units; thus, summary eviction procedure is not available.

Court Disposition

Appeal dismissed

Orders

  • Appellant may, if he desires, make arrangements for separation of the two units, and respondent-tenant shall not object.
  • Appellant may seek eviction by other provisions of the Act or appropriate legal proceedings if otherwise entitled.