B. N. MUTTO & ANR. versus T. K. NANDI

B. N. MUTTO & ANR. versus T. K. NANDI

A landlord who, having owned a residential accommodation in Delhi and having been in occupation of government/allotted premises, is required by government order to vacate on the ground of such ownership, is entitled to recover immediate possession under section 14A of the Delhi Rent Control Act even if he retired before the government notice; requirements of section 14(1)(e) are not applicable to section 14A; leave to contest eviction may only be granted if tenant's affidavit discloses facts disentitling the landlord under section 14A.

Parties
Appellant: B. N. Mutto; Respondent: T. K. Nandi
Jurisdiction
India
Judgment Date
29 November 1978
Procedural Posture
Civil Appeal / Appeal by Special Leave From Delhi High Court Judgment in Civil Revision
Outcome
appeal allowed
Legal Topics
Delhi Rent Control Act, Eviction of Tenant, Summary Procedure for Eviction
Landlord Tenant Statutory Interpretation Delhi Rent Control Act Eviction of Tenant Summary Procedure for Eviction

Case Brief

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Parties

B. N. Mutto

Appellant

T. K. Nandi

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Delhi High Court Judgment in Civil Revision

Legal Issues

  1. 1 Whether a retired government servant is entitled to the benefits of section 14A of the Delhi Rent Control Act
  2. 2 Whether the requirements of section 14(1)(e) are necessary for eviction under section 14A
  3. 3 Whether pending earlier application bars petition under section 14A

Ratio Decidendi

A landlord who, having owned a residential accommodation in Delhi and having been in occupation of government/allotted premises, is required by government order to vacate on the ground of such ownership, is entitled to recover immediate possession under section 14A of the Delhi Rent Control Act even if he retired before the government notice; requirements of section 14(1)(e) are not applicable to section 14A; leave to contest eviction may only be granted if tenant's affidavit discloses facts disentitling the landlord under section 14A.

Court Disposition

appeal allowed

Orders

  • Landlord entitled to benefit of section 14A even though retired before notice to quit; appeal allowed.