Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Delhi Rent Control Act (Act LIX of 1958) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Rent Control-Tenant availing benefit-Denyinq relationship-Jurisdiction of Rent Controller-Delhi Rent Control Act (Act LIX of 1958), 'ยท 15. The appellant was sought to be evicted by the landlord on the ground that be had habitually defaulted in the payment of rent as well as on the ground of the bonafide requirement of the land-lord for his own occupation. He resisted the suit inter alia on the ground that the premises had been let to the All India Postal R. M. S. Union for office-cum-residential purposes and that the tenancy of the Union had not been terminated and that the rent had not been demanded from the Union. The appellant was directed to deposit the arrear of rent up to date as also to go on depositing the future rent accruing due month by month. The respondent applied under s 15(7) of the Act for striking out the defence of the appellant on the ground that he had failed to comply with the orders directing him to deposit the rent. Rejecting the explanation of the appellant the Additional Rent Controller ordered the defence of the appellant to be struck out on july 26, 1961, and proceeded to pass an ex-parte decree for eviction. The appellant went in appeal against the order striking out the defence which was dismissed by the Rent Control Tribunal both on the ground that it was barred by time as also on merits on March G, 1961. The appellant did not take the matter in further appeal to the High Court. Against the decree for eviction the appellant went to the Rent Control Tribunal which dismissed the appeal. The appellant went in further appeal to the High court which also dismissed the appeal summarily. On special leave, it was contended that the appellant having denied the existence of the relationship of landlord and tenant, the Rent Controller had no jurisdiction in the matter.Held, that under the Rent Control Law, the special tribunal has to proceed on the basis of the relationship of landlord and tenant existing between the parties but a mere denial by the tenant of the tenancy would not suffice to oust thejurisdiction of the special tribunal. It is only vhen the tribunal comes to the conclusion that such a relationship did notexist that it will have no jurisdiction.Held, further, that the provisions of s. 15 read with the definition of "landlord"' enable the Rent Controller to determine the question of the relationship of landlord and tenant for the benefit of the tenant and when a party has invited the Rent Controller to apply the provisions of s. 15 for his benefit and the Rent Controller does so, he is deemed to have decided such a person is a tenant. The proper course for aperson pleading that he was not a tenant would be to raise the plea and walk out of the proceedings and not to submit tojurisdiction. Held, further, that the appellant not having taken the matter of striking out his defence under s. 15(7) In appeal to the High Court the question of his being a tenant or otherwise had become final and could not be reagitated. |
Judge | Honble Mr. Justice Bhuvneshwar Prasad Sinha |
Neutral Citation | 1962 INSC 386 |
Petitioner | Om Prakash Gupta |
Respondent | Rattan Singh And Another |
SCR | [1964] 1 S.C.R. 259 |
Judgement Date | 1962-12-17 |
Case Number | 541 |
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