JAGAN NATH (DECEASED) THROUGH L.RS. versus CHANDER BHAN AND 0THERS

JAGAN NATH (DECEASED) THROUGH L.RS. versus CHANDER BHAN AND 0THERS

Mere user of premises by tenant's sons in course of joint family business without divesting legal right to possession does not constitute parting with possession as per Section 14(1)(b) of Delhi Rent Control Act, 1958; tenant is not liable for eviction on this ground.

Parties
Appellant: Jagan Nath (deceased) through L.Rs.; Respondent: Chander Bhan and others
Jurisdiction
India
Judgment Date
11 May 1988
Procedural Posture
Civil Appeal / Appeal by Special Leave From Delhi High Court
Outcome
Appeal allowed
Legal Topics
Eviction, Subletting, Parting With Possession
Tenancy Landlord and Tenant Law Eviction Subletting Parting With Possession

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 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Jagan Nath (deceased) through L.Rs.

Appellant

Chander Bhan and others

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Delhi High Court

Legal Issues

  1. 1 Whether the tenant had illegally parted with possession of the premises to his sons under Section 14(1)(b) of the Delhi Rent Control Act, 1958
  2. 2 Whether the facts amounted to subletting, assignment, or being liable for eviction without written consent of landlord

Ratio Decidendi

Mere user of premises by tenant's sons in course of joint family business without divesting legal right to possession does not constitute parting with possession as per Section 14(1)(b) of Delhi Rent Control Act, 1958; tenant is not liable for eviction on this ground.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of the High Court of Delhi and the eviction order set aside.
  • Mesne profit/rent enhanced to Rs. 300 per month from Rs. 75 per month.