K.D. DEWAN versus HARBHAJAN S. PARIHAR

K.D. DEWAN versus HARBHAJAN S. PARIHAR

Respondent is entitled to relief under Section 13(3)(a) as landlord by virtue of collecting rent after his father's death, regardless of ownership. Definition of landlord under Section 2(c) is broad and does not require ownership.

Source-derived case information.

Parties
Appellant: K.D. Dewan; Respondent: Harbhajan S. Parihar
Jurisdiction
India
Judgment Date
16 October 2001
Procedural Posture
Civil Appeal / Supreme Court Decision on Special Leave Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
Definition of Landlord, Eviction on Ground of Personal Occupation, East Punjab Urban Rent Restriction Act
Rent and Eviction Definition of Landlord Eviction on Ground of Personal Occupation East Punjab Urban Rent Restriction Act

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Parties

K.D. Dewan

Appellant

Harbhajan S. Parihar

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Special Leave Appeal

Legal Issues

  1. 1 Whether respondent qualifies as 'landlord' under Section 2(c) of the East Punjab Urban Rent Restriction Act, 1949?
  2. 2 Whether landlord must be owner for purposes of eviction under Section 13(3)(a)?

Ratio Decidendi

Respondent is entitled to relief under Section 13(3)(a) as landlord by virtue of collecting rent after his father's death, regardless of ownership. Definition of landlord under Section 2(c) is broad and does not require ownership.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appellant granted time till end of April, 2002 to vacate premises subject to filing usual undertaking within four weeks.