JAIN MALLEABLES versus BHARAT SAHAY

JAIN MALLEABLES versus BHARAT SAHAY

The respondent landlord is entitled to seek eviction under section 14A of the Delhi Rent Control Act, 1958, as the requirement to vacate or incur obligations imposed by government notifications and orders has not been withdrawn, and the later notification merely gives an option to pay rent at specified rates instead of immediately vacating, without curtailing the right to evict under section 14A.

Parties
Appellant: Jain Malleables; Respondent: Bharat Sahay
Jurisdiction
India
Judgment Date
08 December 1981
Procedural Posture
Civil Appeal / Appeal by Special Leave From Delhi High Court Judgment in Civil Revision Petition
Outcome
Appeal dismissed with costs.
Legal Topics
Eviction, Delhi Rent Control Act Section 14 a, Personal Occupation, Government Accommodation
Property Law Landlord Tenant Law Eviction Delhi Rent Control Act Section 14 a Personal Occupation Government Accommodation

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Parties

Jain Malleables

Appellant

Bharat Sahay

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Delhi High Court Judgment in Civil Revision Petition

Legal Issues

  1. 1 Whether section 14A of the Delhi Rent Control Act, 1958 applies to the facts in view of the later Government of India notification of 1977

Ratio Decidendi

The respondent landlord is entitled to seek eviction under section 14A of the Delhi Rent Control Act, 1958, as the requirement to vacate or incur obligations imposed by government notifications and orders has not been withdrawn, and the later notification merely gives an option to pay rent at specified rates instead of immediately vacating, without curtailing the right to evict under section 14A.

Court Disposition

Appeal dismissed with costs.

Orders

  • Respondent entitled to evict appellants under section 14A; appeal fails and dismissed with costs.