The Supreme Court has set aside an Allahabad High Court order that had favoured a tenant and restored the eviction order passed by the lower courts, bringing a decades-long landlord-tenant dispute to a close.

A Bench of Justice Satish Chandra Sharma and Justice Nongmeikapam Kotiswar Singh allowed the appeal filed by Devendra Nath Mishra and others against Ravi Bajpai.

The dispute concerned premises acquired by the landlord in 1984. The landlord sought eviction on the ground of bona fide requirement, stating that the property was needed to establish a medical clinic for his son, a neurosurgeon.

The Prescribed Authority ordered eviction on December 12, 2012. The Appellate Authority upheld that decision, but the Allahabad High Court set aside the eviction order in proceedings under Article 227 of the Constitution.

The Supreme Court noted that the tenant had continued to occupy the premises for nearly 40 years despite the landlord’s stated requirement. Relying on its ruling in Ravi Khandelwal v. Taluka Stores, the Court observed that prolonged litigation cannot defeat a landlord’s legitimate need and that the passage of time may overcome an initial technical impediment to the proceedings.

Setting aside the High Court’s order, the Court upheld the concurrent eviction orders and directed the tenant to hand over vacant and peaceful possession within 30 days. The tenant was also directed to clear outstanding arrears and current rent, if any, within the same period.

The appeal was allowed accordingly.

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