KESHAV KUMAR SWARUP versus FLOWMORE PRIVATE LIMITED

KESHAV KUMAR SWARUP versus FLOWMORE PRIVATE LIMITED

Premises were let only for residential purpose as per clause 5 of the lease deed and other relevant materials; High Court erred in interpreting premises as let for composite purpose.

Parties
Appellant Landlord: Keshav Kumar Swarup; Respondent Tenant: Flowmore Private Limited
Jurisdiction
India
Judgment Date
18 January 1994
Procedural Posture
Civil Appeal / Appeal From Delhi High Court Judgment Dated 25.4.1988 in C.r.(r) No.869 of 1987
Outcome
Appeal allowed; order of High Court set aside; order of Rent Controller restored.
Legal Topics
Eviction, Residential Premises, Interpretation of Lease Deeds, Delhi Rent Control Act
Property Law Landlord Tenant Law Eviction Residential Premises Interpretation of Lease Deeds Delhi Rent Control Act

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Parties

Keshav Kumar Swarup

Appellant Landlord

Flowmore Private Limited

Respondent Tenant

Procedural Posture

Civil Appeal / Appeal From Delhi High Court Judgment Dated 25.4.1988 in C.r.(r) No.869 of 1987

Legal Issues

  1. 1 Whether premises were let out for residential purpose only or composite purpose (residential and commercial)
  2. 2 Proper interpretation of clause 5 of the lease deed

Ratio Decidendi

Premises were let only for residential purpose as per clause 5 of the lease deed and other relevant materials; High Court erred in interpreting premises as let for composite purpose.

Court Disposition

Appeal allowed; order of High Court set aside; order of Rent Controller restored.

Orders

  • Appellant shall not levy execution for six months; respondent to file undertaking within two weeks agreeing to delivery of vacant possession on expiry of six months, i.e., 31.7.1994.
  • No order as to costs.