B. R. MEHTA versus SMT. ATMA DEVI & ORS.

B. R. MEHTA versus SMT. ATMA DEVI & ORS.

The fact that the tenant's wife was allotted a residential government quarter, to which the tenant himself had no legal right of residence or domain, does not disqualify the tenant under Section 14(1)(h) of the Delhi Rent Control Act, 1958. The purpose of the Act is the protection of tenants, and disqualification arises only when the tenant acquires alternative accommodation that he can reasonably use as a substitute for the tenanted premises. Merely because the wife is allotted such premises in her official capacity, and especially where the relationship is strained or the husband cannot legally stay there, the pre-conditions for eviction under Section 14(1)(h) are not met.

Parties
Appellant: B.R. Mehta; Respondents: Smt. Atma Devi & Ors.
Jurisdiction
India
Judgment Date
02 September 1987
Procedural Posture
Civil Appeal / Appeal From Delhi High Court Judgment Dated 6.4.1987 in S.a.o. No. 71 of 1987
Outcome
Appeal allowed. The eviction petition under section 14(1)(h) of the Delhi Rent Control Act, 1958 is dismissed.
Legal Topics
Section 14(1)(h) Delhi Rent Control Act, Eviction, Alternative Accommodation, Tenancy Rights, Allotment to Spouse
Rent Control Landlord and Tenant Law Section 14(1)(h) Delhi Rent Control Act Eviction Alternative Accommodation Tenancy Rights Allotment to Spouse

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Parties

B.R. Mehta

Appellant

Smt. Atma Devi & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Delhi High Court Judgment Dated 6.4.1987 in S.a.o. No. 71 of 1987

Legal Issues

  1. 1 Whether the allotment of a government residence to the wife of a tenant (who is a government employee) disentitles the husband/tenant from retaining tenanted premises under Section 14(1)(h) of the Delhi Rent Control Act, 1958.

Ratio Decidendi

The fact that the tenant's wife was allotted a residential government quarter, to which the tenant himself had no legal right of residence or domain, does not disqualify the tenant under Section 14(1)(h) of the Delhi Rent Control Act, 1958. The purpose of the Act is the protection of tenants, and disqualification arises only when the tenant acquires alternative accommodation that he can reasonably use as a substitute for the tenanted premises. Merely because the wife is allotted such premises in her official capacity, and especially where the relationship is strained or the husband cannot legally stay there, the pre-conditions for eviction under Section 14(1)(h) are not met.

Court Disposition

Appeal allowed. The eviction petition under section 14(1)(h) of the Delhi Rent Control Act, 1958 is dismissed.

Orders

  • Judgment and order of the High Court and Courts below set aside.
  • Eviction petition under Section 14(1)(h) Delhi Rent Control Act dismissed.