SMT. SHRISHT DHAWAN versus SHAW BROTHERS

SMT. SHRISHT DHAWAN versus SHAW BROTHERS

Permission granted under Section 21 of the Delhi Rent Control Act can be challenged by the tenant only if it is established that it was vitiated by fraud, collusion, or jurisdictional error, all of which must relate to the date the permission was granted. The burden to prove fraud lies on the person alleging it. Absence of disclosure of reasons or sufficiency of accommodation is not relevant for deciding validity of permission. The authorities erred in placing the burden on the landlady and misconstrued requirements of the Act.

Parties
Appellant Landlady: SMT. Shrisht Dhawan; Respondent Tenant: Shaw Brothers
Jurisdiction
India
Judgment Date
13 December 1991
Procedural Posture
Appeal by Special Leave / Final Judgment on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Delhi Rent Control Act Section 21, Eviction, Fraud, Burden of Proof
Tenancy Rent Control Delhi Rent Control Act Section 21 Eviction Fraud Burden of Proof

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Parties

SMT. Shrisht Dhawan

Appellant Landlady

Shaw Brothers

Respondent Tenant

Procedural Posture

Appeal by Special Leave / Final Judgment on Appeal From High Court

Legal Issues

  1. 1 When permission under s.21 Delhi Rent Control Act can be challenged for fraud
  2. 2 Requirements of s.21 regarding landlord's need
  3. 3 Burden of proof regarding allegation of fraud

Ratio Decidendi

Permission granted under Section 21 of the Delhi Rent Control Act can be challenged by the tenant only if it is established that it was vitiated by fraud, collusion, or jurisdictional error, all of which must relate to the date the permission was granted. The burden to prove fraud lies on the person alleging it. Absence of disclosure of reasons or sufficiency of accommodation is not relevant for deciding validity of permission. The authorities erred in placing the burden on the landlady and misconstrued requirements of the Act.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of High Court and Rent Controller's and Tribunal's orders set aside
  • Appellant entitled to costs assessed at Rs. 5,000/-