Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Delhi Rent Control Act Civil Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rent Control and Eviction: Delhi Rent Control Act, 1958; Sections 2(e),(i),(I) and 50.Civil Court-Jurisdiction of-Landlord let out one big room to tenant-An open plot of vacant land belonging to the landlord was located adjacent to the said big room-Tenant constructed a latrine unauthorised on that plot of land-landlord filed suit for injunction directing the tenant to demolish the structure-Subsequently, the parties entered into a compromise under which the plot was let out to the tenant on a monthly rent-Later on landlord terminated the said tenancy and filed suit for recovery of possession of the plot of land-High Court dismissed the suit holding that the plot was covered by the term 'premises' defined under S.2(i) and, therefore, the suit was barred under S.50-Correctness of-Held: Open plot of land without any structure is not covered by the term 'premises '-It is immaterial even if the tenant raises a structure on the open plot of land before or after creation of tenancy since the structure does not belong to the landlord-Therefore, S.50 which bars jurisdiction of civil court is not applicable to such cases-hence, High Court erred in dismissing the landlord's suit as not maintainable-Landlord's suit decreed.Unauthorised construction-Tenant built a structure on the adjacent vacant land to his rented premises-Adjacent land also belonged to the landlord-Held: Such structure cannot be treated as part of the building already in occupation of the tenant.Words and Phrase: "Premises"-Meaning of-In the context of S.2(i) of the Delhi Rent Control Act, 1958. |
Judge | Hon'ble Mr. Justice S.S.M. Quadri |
Neutral Citation | 2000 INSC 327 |
Petitioner | Kamla Devi |
Respondent | Laxmi Devi |
SCR | [2000] Supp. (1) S.C.R. 330 |
Judgement Date | 2000-05-12 |
Case Number | 1822 |
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