Supreme Court · 2009 INSC 393 · Decided 24 March 2009
Nirbhai Kumar v. Maya Devi & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 393 · [2009] 4 S.C.R. 1052
- Case number
- CIVIL APPEAL No. 1767/2005
- Decided
- 24 March 2009
- Bench
- ARIJIT PASAYAT, LOKESHWAR SINGH PANTA, P. SATHASIVAM (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 80
Headnote
Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - Section 21(1)(a), proviso - Scope and ambit - Held: The proviso provides for period of three years as a moratorium for protection of tenant - If a landlord who purchased a building seeks to tenant then he is required to wait for 3 years after the date of purchase - However notice of eviction can be given either before or after 3 years period - After expiry of 3 years period, protection to tenant from eviction is lifted - View expressed in . Martin case was correct - Rent and
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