HEM CHAND AND ORS. versus HARI KISHAN ROHTAGI AND ORS.

HEM CHAND AND ORS. versus HARI KISHAN ROHTAGI AND ORS.

Where landlord had consented to induction of sub-tenants, no eviction under Section 14(1)(b) is warranted for tenants or those sub-tenants; eviction appropriately ordered only against sub-tenant inducted without such consent.

Source-derived case information.

Parties
Appellant: Hem Chand and Ors.; Respondent: Hari Kishan Rohtagi and Ors.
Jurisdiction
India
Judgment Date
25 September 2001
Procedural Posture
Civil Appeal / Decision on Appeal From High Court Judgment
Outcome
appeals dismissed
Legal Topics
Eviction, Sub Letting, Landlord Consent
Rent Control Eviction Sub Letting Landlord Consent

Source-derived case record

Summary, issues, holding and outcome

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Parties

Hem Chand and Ors.

Appellant

Hari Kishan Rohtagi and Ors.

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal From High Court Judgment

Legal Issues

  1. 1 Whether tenants should be evicted under Section 14(1)(b) of the Delhi Rent Control Act, 1958 for alleged sub-letting without landlord's consent

Ratio Decidendi

Where landlord had consented to induction of sub-tenants, no eviction under Section 14(1)(b) is warranted for tenants or those sub-tenants; eviction appropriately ordered only against sub-tenant inducted without such consent.

Court Disposition

appeals dismissed

Orders

  • Appeals dismissed. No order as to costs.