DR. M. K. SALPEKAR versus SUNIL KUMAR SHAMSUNDER CHAUDHARI AND OTHERS

DR. M. K. SALPEKAR versus SUNIL KUMAR SHAMSUNDER CHAUDHARI AND OTHERS

Clause 13(3)(v) of the Control Order applies to both residential and non-residential premises. Introduction of the Explanation did not restrict its application to residential houses only. The scope of the main sub-clause remains unchanged and includes situations where the tenant secures alternative accommodation or leaves the area for four months, irrespective of the nature of the building.

Parties
Appellant: Dr. M. K. Salpekar; Respondents: Sunil Kumar Shamsunder Chaudhari and others
Jurisdiction
India
Judgment Date
10 August 1988
Procedural Posture
Civil Appeal / Final Disposition by Supreme Court
Outcome
appeals dismissed
Legal Topics
Interpretation of C.p. & Berar Letting of Houses and Rent Control Order, 1949, Scope of Clause 13(3)(v), Eviction Grounds
Tenancy Rent Control Interpretation of C.p. & Berar Letting of Houses and Rent Control Order, 1949 Scope of Clause 13(3)(v) Eviction Grounds

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Dr. M. K. Salpekar

Appellant

Sunil Kumar Shamsunder Chaudhari and others

Respondents

Procedural Posture

Civil Appeal / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether Clause 13(3)(v) of the C.P. & Berar Letting of Houses and Rent Control Order, 1949 applies only to residential houses or extends to non-residential buildings

Ratio Decidendi

Clause 13(3)(v) of the Control Order applies to both residential and non-residential premises. Introduction of the Explanation did not restrict its application to residential houses only. The scope of the main sub-clause remains unchanged and includes situations where the tenant secures alternative accommodation or leaves the area for four months, irrespective of the nature of the building.

Court Disposition

appeals dismissed

Orders

  • Appeals dismissed with costs.