Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | who is. Sec. 108(q) Transfer of Property Act 1882-Sec. 116-Statutory tenant |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Transfer of Property Act, 1882-Sec. 116-Statutory tenant, who is. Sec. 108(q)-Obligation of Sub-tenant to restore possession on determination of tenancy-Sub-tenant must restore possession to sub-tenant, unless tenant is evicted by title paramount. Rent Control & Eviction : Landlord and Tenant-Plea of eviction by title paramount-Meaning and availability of. Rajasthan Premises (Control of Rent and Eviction) Act, 1950-Section 13-Suit for eviction by tenant against sub-tenant for default in payment of rent-At the same time, suit for eviction by landlord against tenant for illegal sub-letting-Plea of direct attornment in favour of landlord by sub-tenant on institution of latter suit-Defence of eviction by paramount title holder- Availability of-Rule of Estoppel-Applicability of-Held, tenant continues to be a tenant until a decree for eviction passed by a Court achieved finality-On facts, defence of eviction of landlord by owner so as to exonerate sub-tenant from liability for eviction not available to the sub-tenant-Rule of estoppel applicable against the sub-tenant-Transfer of Property Act, 1882/Indian Evidence Act, 1872-Section 108/Section 116.Respondent and appellant are tenant and sub-tenant of the suit premises given on rent by landlord-Trust. On default of payment of rent, the respondent filed suits for recovery of arrears of rent and for eviction against the appellant under the provisions of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 before Civil Judge. The Trust also filed a suit for eviction against the respondent on the ground of unlawful sub-letting of the shop to the appellant, which is pending. The appellant contended that subsequent to the institution of the suit by the Trust for eviction against the respondent, the appellant has directly attorned in favour of the Trust and that the right of the respondent to recover rent and secure eviction against the appellant had ceased to exist. The Civil Judge by interim order, held the tenant appellant liable to deposit the determined rent in the Court. The Additional District Judge, on appeal by the appellant, held that the respondent was not entitled to claim rent and recover possession since the appellant has attorned in favour of the Trust. In appeal by the respondent, the High Court held that the appellant could not directly attorn in favour of the Trust by excluding the principal tenant under the provisions of the Act. A review sought by the appellant was also dismissed. Hence these appeals. |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2002 INSC 18 |
Petitioner | Vashu Deo |
Respondent | Bal Kishan |
SCR | [2002] 1 S.C.R. 171 |
Judgement Date | 2002-01-11 |
Case Number | 5467 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |