KANTA GOEL versus B. P. PATHAK & ORS.

KANTA GOEL versus B. P. PATHAK & ORS.

Where a landlord who is a government servant has recovered possession of one of several separately let out dwelling houses under section 14A on the ground of being directed to vacate government accommodation, he is not entitled to use the same ground repeatedly to evict other tenants; the right under section 14A is exhausted on the first recovery. A co-owner in actual receipt of rent qualifies as landlord under the Act and may sue for eviction absent opposition from other co-owners.

Parties
Appellant: Kanta Goel; Respondent No. 1: B. P. Pathak; Respondent: Respondent No. 2; Respondent: Respondent No. 3; Respondent: Respondent No. 4
Jurisdiction
India
Judgment Date
01 April 1977
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal by Special Leave From High Court Order
Outcome
Appeal allowed as per recorded compromise; parties to bear their own costs.
Legal Topics
Eviction of Tenant, Co Ownership and Landlord Tenant Relationship, Delhi Rent Control Act, Right of Government Servant Landlord Under S. 14 a
Rent Control Property Law Eviction of Tenant Co Ownership and Landlord Tenant Relationship Delhi Rent Control Act Right of Government Servant Landlord Under S. 14 a

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Parties

Kanta Goel

Appellant

B. P. Pathak

Respondent No. 1

Respondent No. 2

Respondent

Respondent No. 3

Respondent

Respondent No. 4

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal by Special Leave From High Court Order

Legal Issues

  1. 1 Whether a landlord whose right under s. 14A of the Delhi Rent Control Act is exhausted upon recovering possession of one dwelling house can seek eviction of another tenant from a second house under the same provision
  2. 2 Whether the absence of other co-owners as parties disentitles a co-owner from suing for eviction
  3. 3 Whether the definition of landlord includes a co-owner receiving rent despite disputes over ownership

Ratio Decidendi

Where a landlord who is a government servant has recovered possession of one of several separately let out dwelling houses under section 14A on the ground of being directed to vacate government accommodation, he is not entitled to use the same ground repeatedly to evict other tenants; the right under section 14A is exhausted on the first recovery. A co-owner in actual receipt of rent qualifies as landlord under the Act and may sue for eviction absent opposition from other co-owners.

Court Disposition

Appeal allowed as per recorded compromise; parties to bear their own costs.

Orders

  • Possession of the vacant three-room dwelling house to be handed over by respondent no. 1 to the appellant in exchange for the appellant vacating the four-room apartment and shifting; appellant to pay Rs. 250 per month for the new premises; if additional space is provided, an extra sum of Rs. 75 per month or other...