Supreme Court · 2008 INSC 656 · Decided 13 May 2008
Ganga Devi v. DISTT. Judge, Nainital and ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 656 · [2008] 8 S.C.R. 538
- Case number
- CIVIL APPEAL No. 3541/2008
- Decided
- 13 May 2008
- Bench
- S.B. SINHA, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
)I;;. UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972- s.21(1)(a)- UP Urban Buildings (Regu- c lation of Letting, Rent and Eviction) Rules, 1972 - r.16(2) - Release Qf shop under occupation of tenant - On. ground of personal requirement - Held: Comparative hardship is a the question as to whether the re- quirement of th.e landlord is bona fide or not - It is essentially a D question of fact- Such a question of fact, however, is to be de- termined on the touchstone of the statutory provisions as con- )- .. fained in s.21 (.1 )(a) of the Act and r.16(2)(c) of
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