JAGDISH CHANDER CHA'ITERJEE & ORS. versus SRI KISHAN & ANR.

JAGDISH CHANDER CHA'ITERJEE & ORS. versus SRI KISHAN & ANR.

After termination of the contractual tenancy, the protection against eviction under section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 is personal to the statutory tenant and does not extend to heirs or legal representatives unless the Act expressly provides so; heirs cannot claim as tenants merely by paying rent during proceedings.

Parties
Appellant: Jagdish Chander Chaiterjee & Ors.; Respondent: Sri Kishan; Respondent: J. K. Sethi
Jurisdiction
India
Judgment Date
09 August 1972
Procedural Posture
Civil Appeal / Final Judgment (supreme Court of India)
Outcome
appeal dismissed
Legal Topics
Statutory Tenancy, Eviction, Legal Representatives, Personal Protection Under Rent Control Statutes
Landlord Tenant Law Civil Procedure Statutory Tenancy Eviction Legal Representatives Personal Protection Under Rent Control Statutes

Case Brief

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Parties

Jagdish Chander Chaiterjee & Ors.

Appellant

Sri Kishan

Respondent

J. K. Sethi

Respondent

Procedural Posture

Civil Appeal / Final Judgment (supreme Court of India)

Legal Issues

  1. 1 Whether the High Court should have remanded the case to determine if the contractual tenancy had been terminated.
  2. 2 Whether the protection provided by the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 to statutory tenants is personal or extends to heirs.
  3. 3 Whether the heirs of the statutory tenant qualify as 'tenants' within section 3(vii) of the Act.

Ratio Decidendi

After termination of the contractual tenancy, the protection against eviction under section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 is personal to the statutory tenant and does not extend to heirs or legal representatives unless the Act expressly provides so; heirs cannot claim as tenants merely by paying rent during proceedings.

Court Disposition

appeal dismissed

Orders

  • No order as to costs.