Supreme Court of India

Jai Prakash Gupta (d) Thr. Lrs. v. Riyaz Ahamad & Anr.

Neutral citation
Reported as [2009] 15 S.C.R. 525
Bench Tarun Chatterjee and Aftab Alam JJ.
Decided 28 October 2009

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the view that the High Court was '"' D not justified in sending the case back to the Appellate Court " for fresh decision in the light of the subsequent developments as noted hereinabove.

Judgment, page 16

From the headnote

U. P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (Act No. 13 of 1972) - s. 21(1)(a) - Application for release of shop by landlord on the ground of c bonafide need of his son - Allowed by appellate court - During pendency of writ petition by te'nant, subsequent development of facts - High Court remanding the case to appellate court for fresh consideration - Justification of- Held: ~ Not justified - Writ court could not consider the effect of the subsequent developments on the bonafide need of landlord 'f as well as comparative hardship of parties on material facts,

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