PUKHRAJ JAIN versus MRS. PADMA KASHYAP AND ANR.

PUKHRAJ JAIN versus MRS. PADMA KASHYAP AND ANR.

Legal representatives of landlord are entitled to initiate and continue proceedings for recovery of possession under Section 21 of Delhi Rent Control Act, as 'landlord' refers to the person entitled to receive rent for the time being; death of original landlord does not alter or affect the right to recovery after expiry of tenancy period.

Parties
Petitioner: Pukhraj Jain; Respondents: Mrs. Padma Kashyap and Anr.
Jurisdiction
India
Judgment Date
20 March 1990
Procedural Posture
Special Leave Petition (civil) / Final Judgment on Special Leave Petition
Outcome
Petition dismissed
Legal Topics
Recovery of Possession, Limited Period Tenancy, Legal Representatives, Delhi Rent Control Act Section 21
Property Law Tenancy Law Recovery of Possession Limited Period Tenancy Legal Representatives Delhi Rent Control Act Section 21

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 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Pukhraj Jain

Petitioner

Mrs. Padma Kashyap and Anr.

Respondents

Procedural Posture

Special Leave Petition (civil) / Final Judgment on Special Leave Petition

Legal Issues

  1. 1 Whether legal representatives of landlord can initiate and continue proceedings for recovery of possession under Section 21 of Delhi Rent Control Act, 1958

Ratio Decidendi

Legal representatives of landlord are entitled to initiate and continue proceedings for recovery of possession under Section 21 of Delhi Rent Control Act, as 'landlord' refers to the person entitled to receive rent for the time being; death of original landlord does not alter or affect the right to recovery after expiry of tenancy period.

Court Disposition

Petition dismissed

Orders

  • Tenant directed to pay costs quantified at Rs.5,000