In Brief
Landlords sought eviction of a tenant from a house for their bona fide commercial need under the U.P. Urban Buildings Act, 1972. The Prescribed Authority and District Judge allowed the eviction, finding the tenancy valid and the landlords' need genuine. However, the High Court set aside both orders, holding the application unmaintainable because the tenant used part of the premises for residence. The Supreme Court allowed the landlords' appeal, holding that the High Court erred in raising the maintainability issue for the first time without prior pleading, and in interfering with concurrent findings of fact. The Court restored the eviction orders, granting the tenant three months to vacate after clearing rent arrears.
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