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

1981 Supreme(Del) 92

S.B.WAD
UNION CARBIDE INDIA LIMITED – Appellant
Versus
DALIP SINGH – Respondent


Advocates Appeared:
D.D.Chawla, Girdhar Govind, S.C.Dhanda, SUSHMA RALHAN, V.N.KALRA

S. B. Wed, J.

( 1 ) THIS is a tenant s revision application against the order of the Rent Controller refusing him leave to contest the landlord s application for eviction u/s 25-B of the Delhi Rent Control Act.

( 2 ) S. 25-B is in Chapter III-A which prescribes summary trial where the eviction is sought by the landlord u/s 14 (1) (e) or u/s 14-A. Chapter III-A has an over-riding effect on the other provisions of the Act by virtue of S. 25-A Under the Transfer of Property Act a lessor has a right to evict the lessee for any breach of the Agreement of lease. This common law right of the landlord recognised by the Transfer of Property Act, was fettered by the Rent Control Acts paused after the Second World War. Delhi Rent Control Act and its predecessor Acts follow this direction. These enactments imposed restrictions or control in matters of rent to be charged from the tenants and their evictions. We are immediately concerned with the question of eviction in this petition. The new protection given to a tenant in regard to eviction is recognised in Section 14 (1) of the Act. This sub-section supersedes the provisions of the Transfer of Property Act and the lease agreements between lan










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