SH. DEWAN CHAND BHALLA versus DR. ASHOK KUMAR BHOIL

SH. DEWAN CHAND BHALLA versus DR. ASHOK KUMAR BHOIL

Where a tenant has been allotted a residence reasonably sufficient for his requirements, he becomes liable for eviction under Section 14(3)(a)(iv) of the 1987 Act; surrendering the allotted residence does not defeat the landlord’s accrued right to possession.

Parties
Appellant Tenant: SH. DEWAN CHAND BHALLA; Respondent Landlord: DR. ASHOK KUMAR BHOIL
Jurisdiction
India
Judgment Date
22 July 1994
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From High Court
Outcome
Appeal dismissed
Legal Topics
Eviction, Rent Control, Government Employee Tenancy
Property Law Landlord Tenant Law Eviction Rent Control Government Employee Tenancy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

SH. DEWAN CHAND BHALLA

Appellant Tenant

DR. ASHOK KUMAR BHOIL

Respondent Landlord

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From High Court

Legal Issues

  1. 1 Can a tenant, allotted a reasonably sufficient government residence, resist eviction under Section 14(3)(a)(iv) Himachal Pradesh Urban Rent Control Act, 1987, on the ground of losing the allotted residence by surrender?

Ratio Decidendi

Where a tenant has been allotted a residence reasonably sufficient for his requirements, he becomes liable for eviction under Section 14(3)(a)(iv) of the 1987 Act; surrendering the allotted residence does not defeat the landlord’s accrued right to possession.

Court Disposition

Appeal dismissed

Orders

  • Appellant granted time till end of 1994 to put respondent in possession of the residential building, subject to filing an affidavit of usual undertaking within one month