SANJAY KUMAR GULATI vs N. P. SINGH - 2005 Supreme(SC) 158

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2005 Supreme(SC) 158

Supreme Court Of India
P. VENKATARAMA REDDI AND A.K. MATHUR, JJ.
SANJAY KUMAR GULATI - Appellant
Versus
N.P. SINGH AND ANOTHER - Respondents
Civil Appeal No. 788 of 2005,
Decided on January 28, 2005

Headnote:
U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, Sections 2(2) proviso (2) and Explanation I - New Buildings - Exemption from provision of Rent Act - The trial court held that the building was constructed only in or after the year 1988-Therefore, by the time the suit was filed, the building was less than ten years old. -Hence, it was rightly held that the landlord can invoke the benefit of Explanation I to Section 2(2) the Act [Para 3]

ORDER

1. Application for setting aside the abatement and application for bringing LRs on record are allowed.

2. Leave granted.

3. We see no ground to interfere with the order of eviction passed by the trial court as affirmed by the High Court in revision. The trial court after referring to the evidence has given a clear finding that the building was constructed Only in or after the year 1988. Therefore, by the time the suit was filed, the building was less than ten years old. Hence, it was rightly held that the landlord can invoke the benefit of Explanation I to Section 2(2) of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. Hence, the appeal is dismissed. However, time for vacation of the premises is extended up to the end of July 2005, subject to furnishing usual undertaking to this effect in the Registry of this Court within four weeks.

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