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Supreme Court of India 2021-12-08 allowed

MAHESH KUMAR AGARWAL (DEAD) BY LRS vs NARESH CHANDRA & ORS

Bench: 2 — K.M. Joseph, Pamidighantam Sri Narasimha

In Brief

A landlord sought eviction of non-residential tenants under U.P. rent control law after purchasing the property. He served notice on 22 December 2007 and filed the eviction application on 20 November 2008—well after the required six-month period. The Rent Controller ordered eviction, upheld on appeal, but the High Court set it aside, finding the notice defective. The Supreme Court allowed the appeal, holding that the tenant had waived the notice requirement by not objecting at any earlier stage (reply notice, written statement, or appeal). The Court restored the eviction order but modified it to award the tenant Rs. 30,000 as mandatory compensation for eviction from a non-residential premises.

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Real Estate Law Tenant-Landlord Law Rent Control Eviction Administrative Law Statutory Procedure

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