VidhiSangh

Supreme Court of India · 07/02/2019

DEEPAK TANDON & ANR. versus RAJESH KUMAR GUPTA

[2019] 3 S.C.R. 684 · 2019 INSC 159

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Summary

The High Court wrongly dismissed a landlord’s release application on a new maintainability objection never pleaded or examined before the prescribed or appellate authority. Whether the tenancy was residential, commercial or composite required pleading and evidence, not selective reading of pleadings for the first time in supervisory proceedings. The concurrent findings of bona fide commercial need were restored, with three months to vacate subject to an undertaking and payment conditions.

Issues

  1. Whether the High Court could entertain a new fact-dependent maintainability objection to the release application in supervisory proceedings.

Held

Result

Appeals allowed; High Court orders set aside and release orders restored, with conditional three-month time to vacate.

Judgment PDF: Supreme Court of India, [2019] 3 S.C.R. 684.