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J. J. MUNIR
Mohd. Ahmad (Since Deceased) – Appellant
Versus
Noor Mohammad – Respondent
JUDGMENT :
J.J. MUNIR, J.
1. This tenants' writ petition is directed against an order of release passed by the Prescribed Authority, under Section 21(1)(a) of The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. 13 of 1972) (for short ‘the Act’) that has been affirmed in appeal.
2. An application for release was moved by Noor Mohammad, the sole respondent to this writ petition, under Section 21(1)(a) of the Act, seeking release of House No. 10/254-J, Heeraman Kaa Purwa, Kanpur Nagar, admeasuring 80 square yards, details of which are mentioned in Schedule A at the foot of the release application. It was registered on the file of the Prescribed Authority/Additional Civil Judge (Senior Division) Court No. 5, Kanpur Nagar as Rent Case No. 14 of 2013.
3. Noor Mohammad claimed that he is the owner of the aforesaid premises. The premises were said to be 100 years old with an arched roof and in a dilapidated condition. The back portion on the eastern side had already fallen down. The house is constructed on a plot of land in two equal parts. The northern half has two rooms, a kitchen and a courtyard, which is residential and in Noor Mohammad's oc
The main legal point established in the judgment is the interpretation and application of the landlord-tenant relationship, the retrospective reading of the amendment in the release application, and ....
The bona fide need of a landlord for eviction under the Uttar Pradesh Urban Buildings Act is a factual determination that should not be interfered with by the courts, and tenants cannot dictate the m....
Landlord only needs to demonstrate requirement for personal occupation under Section 21(2)(m) of the Act, 2021, without needing to prove bona fide necessity or comparative hardship.
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