Supreme Court · 1980 INSC 109 · Decided 7 May 1980
Ram Swaroop Rai v. Lilavathi
- Court
- Supreme Court of India
- Citation
- 1980 INSC 109 · [1980] 3 S.C.R. 1034
- Case number
- CIVIL APPEAL No. 2109/1979
- Decided
- 7 May 1980
- Bench
- V.R. KRISHNA IYER, R.S. PATHAK (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 136; Rent Control Act
Headnote
U.P. Rent Control Act (Act 13 of 1972), Section 2(2)-Exemption from application of the provisions of the Act for the period of ten years in respect of uew con.~tructions-Burden of Proof is upon the; landlord and not upnn the tenant. The respondent landlady purchased sliop No. 66 in the city of allowed the appellant/tenant to occupy the ground floor in 1970 on a leaBe deed which recited that the building was erected in 1965. In 1975, the respondent filed the ejection suit on the basis that the bwlding 005 new, that the Act did not deter eviction of new constructions put up within ten
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