SURENDER KUMAR JAIN vs SANTHI SWAROOP JAIN . — C.A. No. 2131/1996

Case Summary: Surender Kumar Jain v. Shanti Swarup Jain Decision: The Supreme Court allowed the appeal and dismissed the eviction suit with costs, setting aside the High Court's judgment. Key Reasoning: The Court held that under Section 2(2) of the U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, landlords seeking to evict tenants from newly constructed buildings must do so within 10 years of construction. The "deemed date of construction" is determined by the earliest of four alternatives: municipal report, municipal record, tax assessment date, or actual occupation. The Court found that a municipal inspection report from January 30, 1978 recording the building as "well constructed" satisfied the "otherwise recorded" criterion, establishing the deemed completion date as 1978—over 12 years before the 1990 eviction suit, thus barring the suit under the Rent Act. This case analysis is maintained by casestatus.in based on publicly available court records.