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Supreme Court of India 2017-02-07 allowed

Nidhi vs Ram Kripal Sharma (D) through LRs

Bench: 2 — R. Banumathi

In Brief

The appellant, a landlord, sought possession of a non-residential property from a tenant to accommodate her elderly parents and grandparents. She filed a release application under the U.P. Urban Buildings Act, 1972, which was granted. However, during the appeal, she married and relocated with her spouse. The lower courts dismissed her claim, holding that marriage extinguished her need for the premises. The Supreme Court allowed the appeal, holding that marriage as a natural life event does not extinguish bona fide family accommodation needs. The court emphasised that subsequent events must be assessed by considering comparative hardship; here, the tenant had alternative business options while the landlord lacked other premises for elderly care.

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Landlord and Tenant Rent Control Eviction Bona Fide Requirement Subsequent Events Comparative Hardship Property Rights Uttar Pradesh Urban Buildings Act

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