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Supreme Court of India 2025-04-24 allowed

THR. HIS LR. ATUL KUMAR AGGARWAL vs MAHENDRA PRATAP KAKAN (D.)

Bench: 2 — M. M. Sundresh, K. V. Viswanathan

In Brief

This case involved a cinema hall ("Mansarovar Palace") in Allahabad, leased in 1952 but occupied by the tenant for 63 years after lease expiry. The landlord (later his heir) sought eviction under the Uttar Pradesh Urban Buildings Act, 1972, citing bona fide need to operate a business. After the original applicant's death, his disabled son continued the case under Section 21(7). The Supreme Court upheld eviction, finding the heir's need genuine despite sparse income, and holding that legal heirs may continue proceedings without fresh applications. The Court emphasized that bona fide need should be liberally construed, sporadic income does not negate genuine requirement, and landlords cannot be indefinitely deprived of property rights through prolonged tenancies.

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Landlord-Tenant Law Real Property Rent Control Eviction Bona Fide Need Comparative Hardship Succession and Legal Heirs Uttar Pradesh Urban Buildings Act

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