Rent control landlord tenant dispute commercial lawyer: the tenant was granted relief by directing the tenant to repair the building at his own cost; eviction petition on ground of Dilapidated building dismissed.- 16:30
Supreme Court of India
Justice M R Shah
The rent control eviction petition filed on ground of Dilapidated building was dismissed by the Supreme Court by setting aside the order of the high court granting eviction in favour of the landlord.
In the case titled as "Ram Prakash & Anr Vs Puttan Lal & Ors" the eviction petition was filed in Uttarakhand district court seeking eviction of the tenant on the ground that the building in which he is a tenant is in the state of dilapidation.
The eviction petition was allowed by the High Court which order came to be challenged before the supreme court, while allowing the appeal of the tenant the Supreme Court modified the order, directing the tenant to repair the building at its own cost and then the Municipal authorities shall reassess the strength of the building, if the building is not found fit then the landlord can file fresh petition which shall be decided on its own merits without being influenced by the decision in the present appeal.
The Appeal of the tenant was accordingly allowed. The eviction order was set aside.