MADHU GOPAL versus VI ADDITIONAL DISTRICT JUDGE & ORS.

MADHU GOPAL versus VI ADDITIONAL DISTRICT JUDGE & ORS.

A landlord, even though not in actual possession at the time of the possession of the property, can ask for review of the order of release or allotment under Section 16(5) of the Act. The section contemplates two distinct categories: a landlord and any other person. The requirement to be in lawful occupation applies only in the case of 'any other person' and not to a landlord. The seven-day embargo applies only to those in lawful occupation, not to landlords.

Parties
Petitioner: Madhu Gopal; Respondent: VI Additional District Judge; Respondent: B.S. Saxena
Jurisdiction
India
Judgment Date
26 September 1988
Procedural Posture
Special Leave Petition (civil) / Supreme Court Decision on SLP
Outcome
Petition dismissed
Legal Topics
Review of Allotment Order, Rights of Landlord Under Rent Control Laws, Interpretation of Section 16(5) of U.p. Urban Buildings Act
Landlord Tenant Law Rent Control Review of Allotment Order Rights of Landlord Under Rent Control Laws Interpretation of Section 16(5) of U.p. Urban Buildings Act

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 4 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Madhu Gopal

Petitioner

VI Additional District Judge

Respondent

B.S. Saxena

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Decision on SLP

Legal Issues

  1. 1 Whether a landlord not in actual possession can seek review of the order of allotment under Section 16(5) of U.P. Urban Buildings Act 1972

Ratio Decidendi

A landlord, even though not in actual possession at the time of the possession of the property, can ask for review of the order of release or allotment under Section 16(5) of the Act. The section contemplates two distinct categories: a landlord and any other person. The requirement to be in lawful occupation applies only in the case of 'any other person' and not to a landlord. The seven-day embargo applies only to those in lawful occupation, not to landlords.

Court Disposition

Petition dismissed

Orders

  • Application for special leave rejected