J.R. VOHRA versus INDIA EXPORT HOUSE PVT. LTD. AND ANOTHER

J.R. VOHRA versus INDIA EXPORT HOUSE PVT. LTD. AND ANOTHER

Neither section 21 nor section 37 of the Delhi Rent Control Act nor the rules require service of any prior notice upon the tenant before eviction. Issuance of warrant of possession without prior notice at expiry of limited tenancy is valid and warranted. The special procedure under section 21 ensures landlord's...

Source-derived case information.

Parties
Appellant: J.R. Vohra; Respondent: India Export House Pvt. Ltd.; Respondent: Shri C.L. Sachdev
Jurisdiction
India
Judgment Date
14 February 1985
Procedural Posture
Civil Appeal / Appeal From Delhi High Court Judgment and Order Dated 18.10.82
Outcome
Appeal allowed
Legal Topics
Delhi Rent Control Act, Limited Tenancy, Warrant for Possession, Notice Requirement, Natural Justice
Tenancy Law Delhi Rent Control Act Limited Tenancy Warrant for Possession Notice Requirement Natural Justice

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Parties

J.R. Vohra

Appellant

India Export House Pvt. Ltd.

Respondent

Shri C.L. Sachdev

Respondent

Procedural Posture

Civil Appeal / Appeal From Delhi High Court Judgment and Order Dated 18.10.82

Legal Issues

  1. 1 Whether a warrant for recovery of possession can be issued in favour of a landlord without notice to the tenant under section 21 of the Delhi Rent Control Act, 1958

Ratio Decidendi

Neither section 21 nor section 37 of the Delhi Rent Control Act nor the rules require service of any prior notice upon the tenant before eviction. Issuance of warrant of possession without prior notice at expiry of limited tenancy is valid and warranted. The special procedure under section 21 ensures landlord's vacant possession forthwith at expiry of fixed period, and tenant has no right or protection to continue in possession.

Court Disposition

Appeal allowed

Orders

  • Order of Delhi High Court directing restoration of possession to respondent pending objections quashed
  • Appellant's possession of suit premises to remain undisturbed until objections finally decided by Rent Controller