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

1992 Supreme(SC) 113

S.MOHAN, T.K.THOMMEN
A. N. Kapoor – Appellant
Versus
Pushpatalwar – Respondent


Advocates:
A.K.Sanghi, CHANDAN RAMAMURTHI, HARISH N.SLAVE, M.A.KRISHNAMURTHY, M.K.RAMAMURTHY

Judgment

THOMMEN, J.:- This appeal arises from the judgment of the Delhi High Court in S. A. O. No. 59 of 1979 whereby the High Court, reversing the concurrent findings of the Additional Rent Controller and the Rent Control Tribunal, allowed the respondent landlords application for eviction of the appellant-tenant under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (the Act). The respondent is the daughter of the original landlord who had let out the premises to the appellant on 1-10-1961. The present respondent purchased the property from her father on 27th June, 1964 and thus stepped into his shoes as the landlord as defined under Section 2 (e) of the Act.

2. Relying upon the Rent Note and the appellants letters dated 7-10-1961 and 18-8-1962 addressed to the respondents father and the earlier proceedings between them for eviction of the appellant on the ground of sub-letting the premises for commercial purposes, both the statutory authorities found that the premises which had been let out for residential purposes to the appellant had also been used incidentally for commercial purposes so as to exclude the application of Section 14(1)(e) read with the Explanation thereto. Thi





















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