AMARJIT SINGH versus SMT. KHATOON QUAMARAIN

AMARJIT SINGH versus SMT. KHATOON QUAMARAIN

The landlady's conduct in letting out the ground floor for higher income when it became vacant during the eviction proceedings disentitled her from claiming eviction on grounds of bona fide personal necessity; thus, the second limb of s. 14(1)(e) of the Delhi Rent Control Act was not satisfied as she had reasonably suitable accommodation available, and subsequent events must be considered by the court.

Parties
Appellant: Amarjit Singh; Respondent: Smt. Khatoon Quamarain
Jurisdiction
India
Judgment Date
18 November 1986
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Bonafide Personal Necessity, Eviction, Statutory Interpretation, Rent Restriction Laws
Rent Control Bonafide Personal Necessity Eviction Statutory Interpretation Rent Restriction Laws

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Parties

Amarjit Singh

Appellant

Smt. Khatoon Quamarain

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether subsequent events after initiation of eviction proceedings under s. 14(1)(e), Delhi Rent Control Act, must be considered by the court
  2. 2 Whether the landlady had 'no other reasonably suitable residential accommodation' and satisfied the second limb of s. 14(1)(e)

Ratio Decidendi

The landlady's conduct in letting out the ground floor for higher income when it became vacant during the eviction proceedings disentitled her from claiming eviction on grounds of bona fide personal necessity; thus, the second limb of s. 14(1)(e) of the Delhi Rent Control Act was not satisfied as she had reasonably suitable accommodation available, and subsequent events must be considered by the court.

Court Disposition

Appeal allowed

Orders

  • Order and judgment of Delhi High Court set aside
  • Parties to pay and bear their own costs