AIROnline 2025 SC 312

Supreme Court Of India

(From : AIROnline 2013 ALL 77)

Hon'ble Judge(s): M. M. Sundresh, K. V. Viswanathan , JJ

U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act (13 of 1972) , S.21, S.41— U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Rules (1972) , R.16(2)— Eviction - Bona fide need - It was not disputed that son of landlord was crippled and did not have any other source of income or any other business - Bona fide need as on date of the eviction petition as well as on happening of subsequent events, was made out - Evidence on record indicated that both parties in financial terms could be said to be equally poised - Tenant who owned several businesses had managed to cling on to premises for last 63 years, after expiry of 10 year lease - Nothing was brought on record to show that business of landlord family was so vast as to neutralize their bona fide claim to evict tenant from suit property - Order of High Court setting aside eviction order was quashed. AIROnline 2013 ALL 77-ReversedAIR 2010 SC 1521-DistinguishedAIR 2012 SC 881-Relied onAIR 2008 SC (Supp) 1989-Relied on (Para 23 26 27 30) .....