KARTAR SINGH versus CHAMAN LAL & OTHERS

KARTAR SINGH versus CHAMAN LAL & OTHERS

Premises let for residence-cum-business/profession do not fall within s.14(1)(h) of Delhi Rent Control Act, 1958 or s.13(1)(h) of Delhi & Ajmer Rent Control Act, 1952; eviction cannot be ordered merely because tenant acquired a residential premises, as tenancy was not exclusively residential.

Parties
Appellant: Kartar Singh; Respondents: Chaman Lal & Others
Jurisdiction
India
Judgment Date
14 March 1969
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated December 8, 1964 of Punjab High Court, Circuit Bench at Delhi in Civil Revision No. 92 D of 1962
Outcome
appeal dismissed
Legal Topics
Eviction, Residence Cum Business Premises, Acquisition of Residential Accommodation, Delhi & Ajmer Rent Control Act, 1952, Delhi Rent Control Act, 1958
Landlord and Tenant Rent Control Eviction Residence Cum Business Premises Acquisition of Residential Accommodation Delhi & Ajmer Rent Control Act, 1952 Delhi Rent Control Act, 1958

Case Brief

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Parties

Kartar Singh

Appellant

Chaman Lal & Others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated December 8, 1964 of Punjab High Court, Circuit Bench at Delhi in Civil Revision No. 92 D of 1962

Legal Issues

  1. 1 Whether a tenant occupying premises for residence-cum-business/profession is liable to eviction under Delhi & Ajmer Rent Control Act, 1952 s.13(1)(h) or Delhi Rent Control Act, 1958 s.14(1)(h) upon acquiring a residential premises.
  2. 2 Whether the permission to use premises for professional office was personal to the predecessor-in-interest and ceased upon his death.

Ratio Decidendi

Premises let for residence-cum-business/profession do not fall within s.14(1)(h) of Delhi Rent Control Act, 1958 or s.13(1)(h) of Delhi & Ajmer Rent Control Act, 1952; eviction cannot be ordered merely because tenant acquired a residential premises, as tenancy was not exclusively residential.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs