GIRDHARI LAL & SONS versus BALBIR NATH MATHUR & ORS.

Where landlord attests to written agreement evidencing sub-tenancy, the requirements of consent and notice under Sections 17 and 18 of the Delhi Rent Control Act, 1958 are met, entitling sub-tenant to protection against eviction in execution of decree obtained against tenant.

Parties: Appellant/sub Tenant: Girdhari Lal & Sons; Respondent/landlord: Balbir Nath Mathur & Ors.
Jurisdiction: India
Judgment Date: 26 February 1986
Procedural Posture: Civil Appeal / Appeal From Delhi High Court in S.a. No. 287 of 1980, Judgment Dated 22.9.1980
Outcome: Appeal allowed
Legal Topics: Sub Tenancy, Protection Against Eviction, Written Consent and Notice, Interpretation of Statutes

Tenancy Law Statutory Interpretation Sub Tenancy Protection Against Eviction Written Consent and Notice Interpretation of Statutes

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Full judgment text Legal principles 2 Authorities cited 13 Party arguments 2 Amounts and remedies 4

Parties

Girdhari Lal & Sons

Appellant/sub Tenant

Balbir Nath Mathur & Ors.

Respondent/landlord

Procedural Posture

Civil Appeal / Appeal From Delhi High Court in S.a. No. 287 of 1980, Judgment Dated 22.9.1980

Legal Issues

1 Whether sub-tenancy attested by landlord in writing satisfies protection under Sections 17 and 18 of the Delhi Rent Control Act, 1958
2 Whether appellant is entitled to protection from eviction as a sub-tenant under the Act

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Suit filed by appellant for fixation of fair rent stands dismissed as withdrawn.
Rent for premises to be Rs.3,600 per month from January 1, 1985 to be paid and adjusted.