DR. GOPAL DASS VERMA versus DR. S. K. BHARDWAJ AND ANOTHER

DR. GOPAL DASS VERMA versus DR. S. K. BHARDWAJ AND ANOTHER

Where premises are let for residential purposes and used for professional purposes with landlord's consent, the landlord cannot eject the tenant under s. 13(1)(e). If tenancy is created or used for both residence and profession, acquisition of a suitable residence by the tenant does not by itself entitle the...

Source-derived case information.

Parties
Appellant: Dr. Gopal Dass Verma; Respondent: Dr. S. K. Bhardwaj; Respondent: Mrs. Bhardwaj
Jurisdiction
India
Judgment Date
02 May 1961
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Residential Tenancy, Mixed Residential and Professional Tenancy, Ejectment, Delhi and Ajmer Rent Control Act
Tenancy Law Residential Tenancy Mixed Residential and Professional Tenancy Ejectment Delhi and Ajmer Rent Control Act

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Parties

Dr. Gopal Dass Verma

Appellant

Dr. S. K. Bhardwaj

Respondent

Mrs. Bhardwaj

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Decision

Legal Issues

  1. 1 Whether premises let for residential purposes but used for professional purposes with landlord's consent can entitle landlord to ejectment under s. 13(1)(e)
  2. 2 Whether tenancy used for residence and profession can be terminated under s. 13(1)(h) if tenant acquires suitable residence

Ratio Decidendi

Where premises are let for residential purposes and used for professional purposes with landlord's consent, the landlord cannot eject the tenant under s. 13(1)(e). If tenancy is created or used for both residence and profession, acquisition of a suitable residence by the tenant does not by itself entitle the landlord to ejectment under s. 13(1)(h).

Court Disposition

Appeal dismissed

Orders

  • Parties directed to bear their own costs throughout