NDLI: Smt. A. N. Kapoor Vs. Smt. Pushpa Talwar

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Delhi Rent Control Act 1958
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: Section 14 (I) (e) Explanation-Right of landlord to seek eviction of tenant-premises let for residential purposes '--Interpretation of- Includes premises let for residential purpose but incidentally used for commercial purpose without consent of landlord. Premises let for Residential purpose-Landlord aware that foreign students were staying with the tenant as paying guests-Held premises used as a boarding house and not private residence-Landlord not entitled to evict tenant. The respondent was the daughter of the original landlord who had let out the premises to the appellant on October 1, 1961. She purchased the property from her father on June 27, 1964 and thus stepped into his shoes as the 'landlord' as defined under section 2 (e) of the Delhi Rent Control Act, 1958. The respondent sought eviction of the appellant from the demised premises on the ground of personal bonafide requirement. The appellant resisted the eviction petition on the grounds that the premises were not let out for residential purpose only but for commercial F purposes also i.e. for keeping foreign students as paying guests, and that the respondent docs not have a bonafide need or requirement as such. Relying upon the Rent Note and the appellant's letters dated October 7, 1961 and August 18, 1962 addressed to the respondent's father, and the earlier proceedings between them for eviction of the appellant on the ground of sub-letting the premises for commercial purposes, both the statutory authorities--the Additional Rent Controller and the Rent Control Tribunal found that the premises which had been let out for residential purposes to the appellant had also been used incidentally for commercial purposes so as to exclude the application of section 14(1) (e) read with the explanation thereto, and dismissed the respondent's application for eviction. This finding was reversed by the High Court in the respondent's second appeal under Section 29 of the Act. The High Court found that there was no evidence for the statutory authorities to come to the conclusion, which they did, as regards the premises having been used for commercial purposes. The High Court accepted the appeal and set aside the judgment and order of the Rent Controller and the Rent Control Tribunal, and allowed the eviction application. The tenant appealed to this Court by Special appeal. On behalf of the respondent-landlord it was submitted that even if the High Court was wrong in coming to the conclusion that there was no evidence about foreign students being lodged by the tenant, the mere fact that foreign students stayed as paying guests in the premises did not imply either that they lodged with the consent of the landlord or that such lodging amounted to a commercial use of the building, and that the High Court was right in saying that the ground contained in clause (c) of sub-section (1) or section 14 was attracted.
Judge	Hon'ble Dr. Justice T.K. Thommen
Neutral Citation	1992 INSC 34
Petitioner	Smt. A. N. Kapoor
Respondent	Smt. Pushpa Talwar
SCR	[1992] 1 S.C.R. 472
Judgement Date	1992-01-31
Case Number	1993

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