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Supreme Court of India 2019-01-28 dismissed

H.K. Sharma vs Ram Lal

Bench: 2 — Abhay Manohar Sapre

In Brief

A retired landlord sought to evict a tenant on grounds of bona fide need under the U.P. Urban Buildings (Regulation of Letting Rent and Eviction) Act, 1972. The tenant claimed the landlord-tenant relationship had ended because they had entered into an unregistered agreement to sell the property in 1993. The Supreme Court held that a mere agreement to sell does not terminate a lease unless the agreement explicitly provides for surrender of tenancy rights. Since the 1993 agreement contained no such provision and was unregistered, it could not defeat the tenant's statutory protections. The Court affirmed the High Court's finding that the landlord had established bona fide need and allowed the eviction, granting the tenant three months to vacate."

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Landlord and Tenant Tenancy Law Property Law Eviction Agreement to Sell Lease Determination Statutory Rent Control

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