LAKHMI CHAND KHEMANI versus SMT. KAURAN DEVI

LAKHMI CHAND KHEMANI versus SMT. KAURAN DEVI

A person against whom a decree for ejectment has been passed ceases to be a 'tenant' within s. 2(1) of the Delhi Rent Control Act, 1958, and s. 19 of the Slum Areas Act, making such decree inexecutable without permission, does not alter this status. Therefore, s. 50 of the Rent Act does not bar a suit for possession in civil court against such person.

Parties
Appellant: Lakhmi Chand Khemani; Respondent: Smt. Kauran Devi
Jurisdiction
India
Judgment Date
05 November 1965
Procedural Posture
Civil Appeal / Decision on Appeal From Punjab High Court Remanding Case to Subordinate Judge for Trial on Merits
Outcome
Appeal dismissed
Legal Topics
Definition of 'tenant' Under Delhi Rent Control Act, 1958, Interaction With Slum Areas (improvement and Clearance) Act, 1956, Jurisdiction of Civil Court Under S. 50 of Delhi Rent Control Act
Property Law Landlord Tenant Law Definition of 'tenant' Under Delhi Rent Control Act, 1958 Interaction With Slum Areas (improvement and Clearance) Act, 1956 Jurisdiction of Civil Court Under S. 50 of Delhi Rent Control Act

Case Brief

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Parties

Lakhmi Chand Khemani

Appellant

Smt. Kauran Devi

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal From Punjab High Court Remanding Case to Subordinate Judge for Trial on Merits

Legal Issues

  1. 1 Whether s. 19 of the Slum Areas Act prevents a person against whom an ejectment decree has been passed from ceasing to be a 'tenant' under the Delhi Rent Control Act, 1958.
  2. 2 Whether s. 50 of the Delhi Rent Control Act bars the jurisdiction of the civil court to try suits for possession against such a person.

Ratio Decidendi

A person against whom a decree for ejectment has been passed ceases to be a 'tenant' within s. 2(1) of the Delhi Rent Control Act, 1958, and s. 19 of the Slum Areas Act, making such decree inexecutable without permission, does not alter this status. Therefore, s. 50 of the Rent Act does not bar a suit for possession in civil court against such person.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs