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Supreme Court of India 2021-09-20 dismissed

Geeta Gupta vs Ramesh Chandra Dwivedi & Ors

Bench: 2 — Abhay S. Oka

In Brief

The appellant purchased a residential property in 1994 and sought to challenge the established tenancy of the first respondent, who had occupied the premises since 1975. The District Magistrate and High Court held that the first respondent, inducted before the Amendment Act came into force on 5th July 1976, qualified as a protected tenant under Section 14 of the Urban Buildings Act. The Supreme Court affirmed this decision, holding that long acquiescence by the original owners supported the inference of consent. As the tenant was in lawful occupation before 1976, he became a deemed tenant under statute and could not be evicted without following statutory procedures. The appeal was dismissed; the tenant must regularise rent arrears.

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Landlord and Tenant Law Urban Rent Control Tenancy Rights Property Law Constitutional Law Administrative Law

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