Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Delhi Rent Control Act 1958 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Delhi Rent Control Act, 1958 S.22(d)-Landlord claiming itself to be a public institution-Seeking eviction of tenant on ground of bona fide requirement-Claim that institute needed premises for furtherance of its activities-Tenant denying in written statement the status of landlord as a public institution as also that it needed premises bona fide for furtherance of its activities-But Advocate appearing for tenant conceded before Additional Rent Controller, both the facts disputed by tenant in his written statement-Additional Rent Controller recorded the statement of the Advocate and allowed eviction petition-Rejecting the contention of landlord that statement made by counsel for tenant across the Bar is an admission and the Rent Controller recorded his satisfaction on the basis thereof, the Court-Held, whether the appellant is an institution within the meaning of Section 22 of the Act and whether it required bonafide the premises for furtherance of its activities, are questions touching the jurisdiction of the Additional Rent Controller-He can record his satisfaction only when he holds on these questions in favour of the appellant-For so holding there must be material on record to support his satisfaction otherwise the satisfaction not based on any material or based on irrelevant material, would be vitiated and any order passed on such a satisfaction will be without jurisdiction--There can be no doubt that admission of a party is a relevant material-But on the facts of this case, the statement of the counsel of the tenant can not be accepted as an admission so as to bind the tenant-Excluding that statement from consideration there was no material before the Additional Rent Controller to record his satisfaction within the meaning of Clause (d) of Section 22 of the Act--Order of eviction was thus without jurisdiction-The statement of counsel for tenant can also not be treated as a compromise-Compromise like a contract postulates consensus between two parties-A statement of a counsel conceding the grounds of eviction and seeking some time for the respondent to vacate the premises, can not be termed a compromise-Evidence Act, 1972-S. 18-Compromise. Evidence Act, 1972 S.18-Admission by party's counsel-Counsel for the tenant conceding before the Court during arguments the facts denied by tenant in written statement-Held, in the facts of the case, statement of the counsel of tenant cannot be accepted as an admission so as to bind the tenant. |
Judge | N/A |
Neutral Citation | 2002 INSC 91 |
Petitioner | Sri Swami Krishna Nand Govindanand |
Respondent | M/s M.d. Oswal Hosiery(regd.) |
SCR | [2002] 2 S.C.R. 1 |
Judgement Date | 2002-02-20 |
Case Number | 5062 |
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