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Head Note

Civil Law  - Urban Buildings (Regulation of Letting, Rent and Eviction)

Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - Proviso to sub-section (4) of Section 20 - Eviction - Non-payment Rent - Acquisition of residential building - Tenant/respondent did not dispute that he has acquired four properties in the municipal limits of 'M' - Findings by the High Court that none of the properties acquired by the tenant are residential held not sustainable as there is no specific finding that the nature of these two buildings is exclusively commercial - A building which can be used for residential as well as commercial purposes cannot be said to be excluded from the clutches of proviso to sub-section (4), if built, or acquired in vacant state within limits of the municipal area in which the house from which eviction is sought by the landlord - Building in question was let out for residential-cum-commercial purposes - Impugned order passed by the High Court liable to be set aside - Decree passed by the Judge Small Causes Court restored - Defendants directed to vacate premises in question within a period of sixty days.

Topic(s)-Eviction - Non payment Rent - Eviction allowed