SHIV CHANDER KAPOOR versus AMAR BOSE

SHIV CHANDER KAPOOR versus AMAR BOSE

The enquiry into validity of Controller's permission under Section 21 is limited to existence of jurisdictional facts such as landlord not requiring premises for specified period; order for recovery of possession must follow unless tenant proves absence of such facts. Tenant failed to establish any jurisdictional fact rendering the permission invalid; hence landlord is entitled to recovery.

Parties
Appellant/landlord: Shiv Chander Kapoor; Respondent/tenant: Amar Bose
Jurisdiction
India
Judgment Date
28 November 1989
Procedural Posture
Civil Appeal / Appeal by Special Leave Against Judgment of Delhi High Court in S.a.o. No. 393 of 1986
Outcome
Appeal allowed
Legal Topics
Delhi Rent Control Act, Section 21, Limited Tenancy, Controller’s Permission, Recovery of Possession
Property Law Rent Control Delhi Rent Control Act, Section 21 Limited Tenancy Controller’s Permission Recovery of Possession

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Parties

Shiv Chander Kapoor

Appellant/landlord

Amar Bose

Respondent/tenant

Procedural Posture

Civil Appeal / Appeal by Special Leave Against Judgment of Delhi High Court in S.a.o. No. 393 of 1986

Legal Issues

  1. 1 Scope of enquiry when tenant assails validity of Rent Controller's permission under Section 21
  2. 2 Duty of tenant to raise plea of invalidity
  3. 3 Presumption and enforceability of Controller's permission for limited tenancy

Ratio Decidendi

The enquiry into validity of Controller's permission under Section 21 is limited to existence of jurisdictional facts such as landlord not requiring premises for specified period; order for recovery of possession must follow unless tenant proves absence of such facts. Tenant failed to establish any jurisdictional fact rendering the permission invalid; hence landlord is entitled to recovery.

Court Disposition

Appeal allowed

Orders

  • Orders of Rent Controller, Rent Control Tribunal, and High Court set aside.
  • Landlord's application for recovery of possession allowed.