A family in Uttar Pradesh spent 63 years reclaiming their own home. A tenant had occupied the property for an extended period, resulting in a legal battle that commenced in 1952. Two generations fought the case, culminating in a Supreme Court ruling in April 2025 in favor of the property owners' heirs. The court ordered the tenant to vacate the property by December 2025.
The Beginning of the Property Occupation
In 1952, an individual (A) rented out his property for a 10-year period. This property was located in an urban and developed area. In 1962, the property was sold to a new individual (C), who discovered in 1965 that the original tenants were still residing there and had remained in unauthorized occupation. The new owner initiated legal proceedings, filing an eviction lawsuit against the tenants.
Lengthy Legal Battle in the Courts
The initial case, filed in 1965, reached the Supreme Court in 1974, where the owner lost the case. Despite this setback, in 1975, a new case was filed in the District Court. The case continued through the courts for years, reaching the High Court in 1999. In 2013, the High Court also ruled in favor of the tenants.
Meanwhile, the original property owner passed away, and his sons continued the legal battle. They approached the Supreme Court, which finally ruled in favor of the owner's heirs on April 24, 2025.
Supreme Court's Ruling and Reasoning
The tenants argued that since the case was based on the original owner's personal need, his heirs could not continue it after his death. The Supreme Court rejected this argument, stating that "bona fide need" is not limited to the deceased owner but extends to their legitimate heirs.
The court cited Section 21(7) of the Uttar Pradesh Urban Buildings (Regulation) Act, 1972, clarifying that the owner's heirs are fully entitled to pursue the case after the owner's death.
The Court's Sternness and Order
The Supreme Court noted that the tenants had resided on the property for 73 years, 63 of which were without valid authorization. The court also stated that the tenants never attempted to make alternative arrangements during this extended period, clearly indicating their deliberate occupation of the property.
The court ordered the tenants to vacate the property by December 31, 2025. Any outstanding rent owed must also be paid.
