Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Grant of Eviction Delhi Rent Control Act 1958 ss.14(1)(e) and 25-B |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Delhi Rent Control Act, 1958 – ss. 14(1)(e) and 25-B – Eviction – Grant of – Appellant-landlord had filed eviction petitions seeking to evict her tenants on the ground of her bona fide requirement – Rent Controller ordered the eviction of the tenants – On revision, the High Court reversed the decision of the Rent Controller on the ground that appellant had not been forthright in the description of the property and had taken the pleadings in a misleading manner and the availability of other property had not been clearly disclosed – On appeal, held: A comprehensive look at the pleadings along with the site plan attached, it makes evident that the appellant gave out a detailed description of the extent of accommodation available in the suit property as also the accommodation presently in her occupation and the nature and extent of her requirement – Appellant had further made position clear in her cross-examination – Thus, it is clear that there had not been any such misdescription of the property – The material placed on record indicate that the appellant and other members of the family might be having title or interest in some other properties too but, such an aspect would hardly operate against the appellant, when her prayer for eviction had been accepted by the Rent Controller on valid grounds and with cogent reasons – Judgment of High Court set aside and the orders of Rent Controller restored. Delhi Rent Control Act, 1958 – s.25-B(8) – Limited jurisdiction under – Held: In terms of the proviso to s. 25-B(8), a limited window is allowed to the extent that the High Court may call for the record, for the purpose of satisfying itself that the order had been passed in accordance with law – Pure finding of fact is not open for interference unless such a finding is given on a wrong premise of law. |
Judge | Hon'ble Mr. Justice Dinesh Maheshwari |
Neutral Citation | 2023 INSC 429 |
Petitioner | Kusum Lata Sharma |
Respondent | Arvind Singh |
SCR | [2023] 4 S.C.R. 493 |
Judgement Date | 2023-04-25 |
Case Number | 3111 |
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