NDLI: Dr Rs Grewal & Ors. Vs. Chander Parkash Soni & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Rent control legislation Landlord-Tenant Dispute Maintainability of suit for possession Protection under
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	East Punjab Urban Rent Restriction Act, 1949 (3 of 1949) Hindu Succession Act, 1956 (30 of 1956)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Landlord-Tenant Dispute: Rent control legislation – Protection under – Maintainability of suit for possession – In the instant case, by virtue of a Will, the testator bequeathed his property to his son subject to a right of residence to his widowed daughter – The daughter was given a life interest in the suit property and right to spend income from rent on herself – However, as per the Will, she was not entitled to transfer, mortgage, sell or gift the property – Whether with the death of the widowed daughter, the tenant would become a trespasser on the property and liable to be removed in consequence of the decree for possession – Held: The life estate granted to testator’s daughter enabled her to create a tenancy and receive rent from the tenant on the property – She fulfilled the description of a ‘landlord’ under s.2(c) of the 1949 Act – Therefore, after her death, the tenant is entitled to statutory protection – That status could not be disrupted or brought to an end except on grounds specified in the enactment – A suit for possession on the basis that the tenant was a trespasser after the death of testator’s daughter was, therefore, not maintainable – The remedy of the appellants (grandson and great grandson of testator) was to pursue eviction proceedings on the grounds contemplated by the 1949 Act – East Punjab Urban Rent Restriction Act 1949 – s.2(c) – Hindu Succession Act, 1956 – s.14.Landlord-Tenant Dispute: Meaning of the concept of a statutory tenant – Explained – East Punjab Urban Rent Restriction Act 1949 – s.2(i).East Punjab Urban Rent Restriction Act 1949: s.2(c) – Landlord – Meaning of – Held: A landlord within the meaning of s.2(c) is not necessarily the owner of the property – The definition of the expression ‘landlord’ is relatable to an entitlement to receive rent in respect of any building or rented land.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 543
Petitioner	Dr Rs Grewal & Ors.
Respondent	Chander Parkash Soni & Anr.
SCR	[2019] 6 S.C.R. 130
Judgement Date	2019-04-16
Case Number	11086

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