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Supreme Court restores eviction order after 40 years of tenant occupation
This case concerns a landlord's appeal against a High Court order that had favored a tenant, seeking to restore an eviction order based on the landlord's bona fide need for the property to establish a medical clinic for his son.
Who it concerns: Petitioner/Appellant: Devendra Nath Mishra & Ors.; Respondent: Ravi Bajpai; Bench: Justice Satish Chandra Sharma and Justice Nongmeikapam Kotiswar Singh.
What the court decided
- The impugned judgment and order of the High Court of Judicature at Allahabad is set aside.
- The eviction order passed by the Prescribed Authority and confirmed by the Appellate Authority is upheld.
- The respondent-tenant is directed to hand over vacant and peaceful possession of the premises to the appellant-landlord within 30 days.
- The respondent-tenant is directed to clear and pay all outstanding arrears of rent and current rent due within 30 days.
- The appeal is allowed.
Also in the document
- The Court noted that the tenant had occupied the property for 40 years despite the landlord's acquisition in 1984 and statutory notices.
- The Court applied the principle from Ravi Khandelwal vs. Taluka Stores that prolonged litigation (over 38 years) washes away initial technical impediments to filing a suit.
- The Court held that the passage of time and vagaries of litigation cannot defeat the legitimate need of the landlord.
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The original document
Supreme Court of India — orders & judgments
Court order · 5 Nov 2026
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