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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ASHISH NAITHANI
Kaushalya Bansal – Appellant
Versus
Sharad Kumar Gupta – Respondent
JUDGMENT :
Ashish Naithani, J.
1. The present writ petition under Article 227 of the Constitution of India has been instituted by the Petitioners, who are tenants of a shop situated at Jhanda Chowk, Rishikesh, District Dehradun, assailing the orders passed by the Prescribed Authority and the appellate authority under the provisions of the U.P. Act No. 13 of 1972.
2. The dispute traces its origin to the filing of a release application by Respondents over the findings recorded by statutory authorities, nor does it substitute its own view merely because another view is possible. Interference is warranted only where the order impugned discloses patent perversity, manifest miscarriage of justice, jurisdictional error, or a failure to consider material evidence.
3. In the release application, Respondent No.1 asserted that the shop in question was originally let out to the predecessor of the Petitioners and that after the demise of the original tenant, the tenancy devolved upon the Petitioners and the pro forma respondents. It was further pleaded that pursuant to a partition decree, the shop fell in the exclusive share of Respondent No.1.
4. Respondent No.1 pleaded that although he owns a hote
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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....
The court established that a landlord's bona fide need for their property does not require absolute necessity, and long-term tenancy does not preclude eviction if the landlord's need is genuine.
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