DR. K. MADAN versus KRISHNAWATI (SMT.) AND ANOTHER

DR. K. MADAN versus KRISHNAWATI (SMT.) AND ANOTHER

Continued wrongful user of residential premises for clinic, contrary to government’s lease terms, cannot be permitted by mere payment of compensation when the authority requires cessation; an eviction or stoppage order is justified.

Source-derived case information.

Parties
Appellant: Dr. K. Madan; Respondent: Krishna Wati (Smt.); Respondent: Union of India
Jurisdiction
India
Judgment Date
06 November 1996
Procedural Posture
Civil Appeal / Final Disposal by Supreme Court
Outcome
Appeal disposed of; orders of court below upheld
Legal Topics
Eviction, Misuse of Premises, Lease Conditions, Delhi Rent Control Act Section 14
Rent Control Property Law Eviction Misuse of Premises Lease Conditions Delhi Rent Control Act Section 14

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Parties

Dr. K. Madan

Appellant

Krishna Wati (Smt.)

Respondent

Union of India

Respondent

Procedural Posture

Civil Appeal / Final Disposal by Supreme Court

Legal Issues

  1. 1 Whether continued wrongful use of residential premises as a clinic, contrary to government lease terms, can be permitted by payment of compensation under Delhi Rent Control Act, Section 14(1)(k) and 14(11)
  2. 2 Whether eviction order is justified when government authorities require stoppage of mis-user

Ratio Decidendi

Continued wrongful user of residential premises for clinic, contrary to government’s lease terms, cannot be permitted by mere payment of compensation when the authority requires cessation; an eviction or stoppage order is justified.

Court Disposition

Appeal disposed of; orders of court below upheld

Orders

  • Appellant granted two months’ time to comply with the order dated 19.4.1994 of the Additional Rent Controller, Delhi, i.e., to stop mis-user and pay damages till stoppage
  • No order as to costs