Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Delhi Rent. Control Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Delhi Rent Control Act, 1952 (38 of 1952) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Delhi Rent. Control Act, 1958, s. 14(1)(e)-Bonafide Personal necessity of landlord- 'Has no other reasonable suitable residential accomodation'-Interpretation of-Events and developments subsequent to initiation of eviction proceedings-Whether Court should take 'cognizance of Statutory Interpretation-Rent Control Legislations-Interpretation of-Duty of Courts. The respondent-landlady was the owner of a premises consisting of ground Door and first Door. Both the Doors had been let out on rent and she was living with one of her relatives. She filed a petition for eviction of the appellant-tenant from the first Door of the premises on the ground of bonafide personal necessity. She had stated in the Petition that she needed one Door for her residence and the other one i.e. the ground floor to let out to have income to support herself because that was her only source of livelihood. During the pendency of the petition, the ground Door in the house fell vacant twice and she let it out on higher rent. In appeal to the Supreme Court, it was contended on behalf of the appellant-tenant that the second limb of the definition contained in s. 14(1 )(e) of the Rent Act was not satisfied since the respondent-landlady had other reasonably suitable accommodation and by her own conduct, she had disentitled herself of the user of the same in as much as the accommodation of ground Door fell vacant twice when tenant left during the pendency of the proceeding for eviction but she chose not to go into that possession but let out the same to fetch higher income. Therefore, taking these facts into question which indubitably could be taking into account, it cannot be said that the landlady had 'no other reasonably suitable accommodation'. |
Judge | Honble Mr. Justice Sabyasachi Mukherjee |
Neutral Citation | 1986 INSC 239 |
Petitioner | Amarjit Singh |
Respondent | Smt. Khatoon Quamarain |
SCR | [1987] 1 S.C.R. 275 |
Judgement Date | 1986-11-18 |
Case Number | 3378 |
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