SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1986 Supreme(SC) 190

SABYASACHI MUKHARJEE, R.S.PATHAK
Dhanwanti – Appellant
Versus
D. D. Gupta – Respondent


Advocates:
K.C.DUA, M.S.DAS BAHL, P.D.GUPTA, P.K.Bahl, P.S.MAHENDRA, R.P.Bansal, SHYAMALA PAPPU

Judgment

R. S. PATHAK, J.:- Special leave granted.

2. This is a landladys appeal by special leave directed against the order of the High Court of Delhi dismissing her second appeal in limine. The appellant is the owner of the premises No. F-8/17, Vasant Vihar, New Delhi. It is a single storeyed house. She let out the premises for a limited period of two years to the respondent, who is a judicial officer. She did so after obtaining the requisite permission under S. 21 of the Delhi Rent Control Act on April 22, 1980. A registered deed was executed between the parties in that behalf. The deed recorded the undertaking of the respondent to vacate the premises at the end of two years. The two years expired on April 21, 1982 but the respondent did not hand over possession of the premises to the appellant. Accordingly the appellant prayed for an order directing delivery of possession of the premises to her. A warrant of possession was issued.

2A. On Oct. 20, 1982 the respondent filed his objection, alleging that the order granting permission under S. 21 of the Act was obtained by fraud practised on the Rent Controller and was a nullity. It was asserted that the premises were constructed in th








Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top