KAMLA DEVI versus LAXMI DEVI

KAMLA DEVI versus LAXMI DEVI

An open plot of land let out by the landlord, even if the tenant has constructed a structure unauthorisedly and owns it, does not fall within the meaning of 'premises' under the Delhi Rent Control Act, 1958. Therefore, Section 50 does not bar civil court jurisdiction; the suit for eviction is maintainable.

Parties
Appellant: Kamla Devi; Respondent: Laxmi Devi
Jurisdiction
India
Judgment Date
12 May 2000
Procedural Posture
Civil Appeal / Appeal From Delhi High Court Judgment in R.s.a. No. 105 of 1994
Outcome
Appeal allowed; suit decreed with costs.
Legal Topics
Eviction, Jurisdiction of Civil Court, Definition of 'premises' Under Rent Control Act
Rent Control Civil Procedure Eviction Jurisdiction of Civil Court Definition of 'premises' Under Rent Control Act

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Parties

Kamla Devi

Appellant

Laxmi Devi

Respondent

Procedural Posture

Civil Appeal / Appeal From Delhi High Court Judgment in R.s.a. No. 105 of 1994

Legal Issues

  1. 1 Whether the suit plot is 'premises' within the meaning of Section 2(i) of the Delhi Rent Control Act, 1958?
  2. 2 Whether Section 50 of the Act barred the jurisdiction of the civil court to entertain the suit for eviction?

Ratio Decidendi

An open plot of land let out by the landlord, even if the tenant has constructed a structure unauthorisedly and owns it, does not fall within the meaning of 'premises' under the Delhi Rent Control Act, 1958. Therefore, Section 50 does not bar civil court jurisdiction; the suit for eviction is maintainable.

Court Disposition

Appeal allowed; suit decreed with costs.

Orders

  • The appeal is allowed.
  • The suit of the appellant is decreed with costs.