BABU SINGH CHAUHAN versus RAJKUMARI JAIN & ORS.

BABU SINGH CHAUHAN versus RAJKUMARI JAIN & ORS.

Order allotting premises to appellant without landlord's nomination was without jurisdiction and contrary to section 17(2); the rights and privileges granted to the landlord under section 17(2) must be respected regardless of actual residence.

Parties
Appellant: BABU SINGH CHAUHAN; Respondent: RAJKUMARI JAIN
Jurisdiction
India
Judgment Date
01 February 1982
Procedural Posture
Civil Appeal / Decision on Appeal by Special Leave From the Judgment of the Allahabad High Court
Outcome
Appeal dismissed
Legal Topics
Letting, Rent, Eviction, Nomination of Tenant, Release and Allotment of Accommodation, Jurisdiction of Rent Control Authorities
Landlord Tenant Law Letting, Rent, Eviction Nomination of Tenant Release and Allotment of Accommodation Jurisdiction of Rent Control Authorities

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Parties

BABU SINGH CHAUHAN

Appellant

RAJKUMARI JAIN

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal by Special Leave From the Judgment of the Allahabad High Court

Legal Issues

  1. 1 Whether the allocation of premises to the appellant without nomination by the landlord under section 17(2) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 was valid
  2. 2 Whether the landlady's absence from physical residence impacted her legal possession and rights under sections 16(1)(b) and 17(2) of the Act

Ratio Decidendi

Order allotting premises to appellant without landlord's nomination was without jurisdiction and contrary to section 17(2); the rights and privileges granted to the landlord under section 17(2) must be respected regardless of actual residence.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs quantified at Rs. 1,000/-
  • No further observations on merits; case remanded for fresh decision as per High Court direction