DR. D.N. MALHOTRA versus KARTAR SINGH

DR. D.N. MALHOTRA versus KARTAR SINGH

The landlord must be a specified landlord in respect of the premises and tenant at the time of retirement to avail Section 13A. Since respondent let out the house after retirement, he was not eligible for summary eviction under that provision.

Parties
Appellant: Dr. D.N. Malhotra; Respondent: Kartar Singh
Jurisdiction
India
Judgment Date
29 January 1988
Procedural Posture
Civil Appeal / Final Decision on Appeal by Special Leave
Outcome
Appeal allowed, eviction order set aside
Legal Topics
Specified Landlord, Eviction, Retirement Eligibility Under Rent Statutes
Landlord Tenant Rent Control Specified Landlord Eviction Retirement Eligibility Under Rent Statutes

Case Brief

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Parties

Dr. D.N. Malhotra

Appellant

Kartar Singh

Respondent

Procedural Posture

Civil Appeal / Final Decision on Appeal by Special Leave

Legal Issues

  1. 1 Whether a landlord who let out premises after retirement is entitled to maintain eviction petition under Section 13A of the East Punjab Urban Rent Restriction (Amendment) Act, 1985
  2. 2 Interpretation of 'specified landlord' as per Section 2(hh)
  3. 3 Eligibility for summary eviction procedures after retirement

Ratio Decidendi

The landlord must be a specified landlord in respect of the premises and tenant at the time of retirement to avail Section 13A. Since respondent let out the house after retirement, he was not eligible for summary eviction under that provision.

Court Disposition

Appeal allowed, eviction order set aside

Orders

  • Judgment and orders of the Rent Controller and High Court are set aside
  • No order as to costs