Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 – ss.21(1)a, 21(7) – Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972 – r.16(2) – Proceedings for release of building under occupation of tenant – Release on ground of personal requirement – Respondents entered the suit property by a lease deed for 10 years in 1952 – Predecessor-in-interest of the appellant purchased the suit property in 1962 – Appellant sought eviction, and the Prescribed authority ordered the eviction of respondent-tenant on grounds of bona fide need and comparative hardship – Appellate authority set aside the said order – High Court affirmed the order of the appellate authority – Sustainability:
Held: Bona fide requirement for occupation of the landlord has to be liberally construed and, as such, even the requirement of the family members would be covered – Appellate authority did not give convincing reasons for dislodging the independent findings arrived at by prescribed authority that the need of the appellant was bona fide – Elaborate reasons adduced and cogent finding recorded by prescribed authority that the bona fide need was found established – Son of the appellant is crippled and has no other source of income or any other business, need of the appellant clearly established – Bona fide need as on the date of eviction petition or taking subsequent events into account, bona fide need is made out – Respondents who own several businesses managed to cling on to the premises for the last 63 years, after the expiry of the 10-year lease – Nothing on record to show that the tenant after the expiry of the lease, made any attempt to seek any alternative accommodation and to show that he was unable to get one – Furthermore, nothing on record to show that business of appellant’s family is so vast as to neutralize their bona fide claim to evict the respondents from the property – Impugned order set aside – Respondents to vacate the premises and deliver the vacant and peaceful possession. [Paras 12, 13, 23-30, 33]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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