Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu undivided family Hindu Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Hindu Law - Hindu undivided family - Eviction suit with regard to joint family property - Suit at instance of junior member claiming himself to be karta of HUF, when senior member of HUF alive - Maintainability of - Held: Senior member of HUF, who was staying abroad permanently, was unable to handle joint family property and, therefore, executed power of attorney in favour of junior member - Moreso, there was no protest, and also junior member was realizing rent from tenant - Thus, suit maintainable - Estoppel. Code of Civil Procedure, 1908 - O 41 r 31 - Requirements under - Compliance with, by first appellate court - Held: Findings arrived at by first appellate court neither cryptic nor based on non-consideration of issues involved - It upheld findings of trial court based on total consideration of material evidence - Thus, High Court rightly concluded that first appellate court duly dealt with all issues involved and re-appreciated evidence. Delhi Rent Control Act, 1958 - ss. 6A, 8 and 15 - Notice for increase of rent without seeking leave of rent controller during pendency of order u/s 15 to deposit rent - Permissibility of - Held: Landlord can increase rent of suit premises by 10% every three years after giving notice u/s 6A - Premises was let out for Rs 3,500/ pm - 10% increase in rent brought the suit premises out of the purview of the Act and thus, leave of rent controller was not required and suit could be filed under the general law - Landlord could seek enhancement of rent simultaneously or for post termination of tenancy - On facts, at the time of filing suit, pending eviction proceedings had already been withdrawn - Notice for increase of rent was earlier in date than notice to quit - Eviction suit under general law is itself a notice to quit on tenant - Thus, no notice to quit was necessary u/s 106 - Transfer of Property Act, 1882 - s. 106.The respondent-HUF leased out the suit premises to the appellant for certain period for Rs 3500/- pm. On expiry of the lease, the respondent issued eviction notice. Subsequently, 'JS' a junior member of the HUF, in the capacity of Karta of the respondent-HUF, filed an eviction suit. The Additional Rent Controller directed the appellant to pay the rent. Thereafter, section 6A of the Delhi Rent Control Act came into force and 'JS' issued notice to the appellant for enhancement of rent by 10 percent and also for termination of the tenancy. The respondent sent another notice notifying that rent was enhanced by 10% and tenancy stood terminated. Thereafter, 'JS' withdrew the eviction petition. Another notice was issued to the appellant to vacate the suit property. Thereafter the respondent through 'JS' filed an eviction suit. The trial court decreed the suit. The first appellate court and the High Court upheld the decree. Hence the present appeal.The questions for consideration in the instant appeal were: (1) whether 'JS' could file the suit for eviction, in the capacity of the Karta of respondent-HUF, when an elder member of the HUF was alive; (2) whether the High Court rightly concluded that the first appellate court duly dealt with all the issues involved and re-appreciated evidence under O.41 R.31 CPC; (3) whether the contractual tenancy between the landlord and tenant came to an end merely by filing an eviction petition and whether the landlord could seek enhancement of rent simultaneously or post termination of tenancy; and ( 4) whether the landlord could issue a notice under section 6A of the Delhi Rent Control Act, 1958 for increase of rent without seeking leave of the rent controller during the pendency of an order under Section 15 of the Act directing the tenant to deposit rent on a month to month basis. |
Judge | Hon'ble Mr. Justice Tarun Chatterjee |
Neutral Citation | 2007 INSC 1255 |
Petitioner | M/s Nopany Investments (p) Ltd. |
Respondent | Santokh Singh (huf) |
SCR | [2007] 13 S.C.R. 28 |
Judgement Date | 2007-12-10 |
Case Number | 5761 |
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