Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent Control and Eviction: |
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:East Punjab Urban Land Restriction Act, 1949 - s. 13-B - Right to recover immediate possession of residential building or scheduled and/or non-residential building to accrue to Non-Resident Indian - Eviction petition by non-resident Indian on ttre ground of need of the shop for his own use - Dismissed by courts below holdif!g that the landlord failed to prove his ownership over the demised premises for a period of five years before filing of the eviction petition and failure of the landlord to co-relate the sale deeds proved by him to the shops over which he claimed ownership - Held: When ordinarily a landlord cannot be asked to prove his title before getting his tenant evicted on any one of the grounds stipulated for such eviction, there is no reason why landlord should be asked to do so only because he happens to be a NRI - On facts, tenant did not dispute either the jural relationship of landlord and tenant between the parties or the rate of rent settled between them - All that the tenant asserted was that he was in possession of the shop since•tf]e year 1992 and not since 1989 as asserted by the landlord - Once the tenant admitted that he had been let in possession as a tenant by the appellant in the year 1992 i.e. more than 10 years before the filing of the eviction petition, the requirement of landlord being owner of the property for more than five years within the meaning of s. 13-8 satisfied - Thus, so long as a jural relationship exists between the tenant and the landlord and so long as tenant has not surrendered the possession of the premises in his occupation, he cannot question the title of the landlord to the property - 'Tenant would be estopped from denying the title of the landlord - Tenant directed to vacate the premises - Doctrine of estoppel. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2014 INSC 585 |
Petitioner | Kamaljit Singh |
Respondent | Sarabjit Singh |
SCR | [2014] 9 S.C.R. 489 |
Judgement Date | 2014-09-02 |
Case Number | 8410 |
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