PARWATI BAI versus RADHIKA

PARWATI BAI versus RADHIKA

Suit premises, being non-residential and owned by the municipality, were exempt from the Madhya Pradesh Accommodation Control Act, 1961 by virtue of section 3(1)(b), so eviction is governed by the Transfer of Property Act; valid notice under section 106 T.P. Act having been served and no timely objection on its validity, the plaintiff is entitled to a decree of eviction.

Parties
Appellant / Plaintiff / Landlord: Parwati Bai; Respondent / Defendant / Tenant: Radhika
Jurisdiction
India
Judgment Date
01 May 2003
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Order Dismissing Landlord's Second Appeal in Limine
Outcome
Appeal allowed
Legal Topics
Eviction, Municipal Property, Sub Tenancy, Exemption From Rent Control
Rent Control Property Law Eviction Municipal Property Sub Tenancy Exemption From Rent Control

Case Brief

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Parties

Parwati Bai

Appellant / Plaintiff / Landlord

Radhika

Respondent / Defendant / Tenant

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Order Dismissing Landlord's Second Appeal in Limine

Legal Issues

  1. 1 Whether the Madhya Pradesh Accommodation Control Act, 1961 applied to the suit premises for eviction by a tenant of a municipality against a sub-tenant
  2. 2 Whether the tenancy was validly terminated under Section 106 of the Transfer of Property Act

Ratio Decidendi

Suit premises, being non-residential and owned by the municipality, were exempt from the Madhya Pradesh Accommodation Control Act, 1961 by virtue of section 3(1)(b), so eviction is governed by the Transfer of Property Act; valid notice under section 106 T.P. Act having been served and no timely objection on its validity, the plaintiff is entitled to a decree of eviction.

Court Disposition

Appeal allowed

Orders

  • Judgments and decree of Trial Court, First Appellate Court, and High Court set aside
  • Suit for eviction filed by the plaintiff decreed