NDLI: Charanjit Lal Mehra and Ors. Vs. Smt. Kamal Saroj Mahajan and Anr.

Charanjit Lal Mehra and Ors. Vs. Smt. Kamal Saroj Mahajan and Anr.

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Charanjit Lal Mehra and Ors. Vs. Smt. Kamal Saroj Mahajan and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Transfer of Property recovery of possession
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Special Leave Petition
Court	Supreme Court of India
Disposal Nature	Petition Dismissed
Headnote	Civil Procedure Code, 1908-order 12, Rule 6-Transfer of Property Act, 1882-Section 106-Suit for recovery of possession-Claim of tenants that there were four individual tenancies-As per Lease deed on record tenancy in question was joint and not individual-Relationship of landlord and tenant and rate of rent admitted by tenant-Application for passing judgement on admission made in pleading-Dismissed by trial court-High Court passed decree on admission-On appeal, Held: On the basis of terms of lease deed and admissions made in pleadings, it can be inferred that tenancy was joint and tenant liable to eviction by civil court-Purpose of Order 12, R. 6 is to expedite the matter, hence decree of eviction rightly passed on admitted claims-Delhi Rent Control Act, 1958--Sections 3(C),6(A). Plaintiff-landlord had rented out the demised premises @ Rs. 2500 p.m. to the defendants. The rent was enhanced from time to time. In Sept., 2001, the monthly rent of the demised premises became Rs. 3659. Since rent exceeded Rs. 3500, the provisions of Delhi Rent Control Act, 1958 ceased to apply to the demised premises. Plaintiff then terminated tenancy of defendants by legal notice under Section 106 of Transfer of Property Act. Thereafter, he filed suit for recovery of possession of demised premises and for arrears of rent and mesne profit. In the Written Statement defendants admitted the existence of relationship of landlord and tenant between them, the rate of rent and service of notice of termination. The defence put forth by defendants was that tenancy was not a joint one but a separate, independent and distinct tenancy of the four individuals and they were liable to pay rent individually; that plaintiff himself treated them as separate tenants which fact is proved by letter dt. 17.9.92 by plaintiff in which he had refused to accept a cheque of Rs. 42,000 tendered by 'Yash Pal Mehra' one of the defendants and later on accepted the cheque for the sum of Rs. 60,000 tendered on behalf of all four defendants; that the individual share of rent never reached the figure of Rs. 3500 p.m. and hence the question of non applicability of provisions of the Delhi Rent Control Act did not arise. At the stage of evidence, plaintiff filed application under 0.12, R. 6, CPC for passing a judgement on admissions made in the Written Statement Trial Court dismissed the application. On revision, Single Judge of High Court held that there was a common composite tenancy and passed the decree for eviction on admission made. Hence the present SLP.
Judge	Hon'ble Mr. Justice A.K. Mathur
Neutral Citation	2005 INSC 134
Petitioner	Charanjit Lal Mehra And Ors.
Respondent	Smt. Kamal Saroj Mahajan And Anr.
SCR	[2005] 2 S.C.R. 661
Judgement Date	2005-03-11
Case Number	20914

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