NAND KISHORE versus RAM KISHAN &: ANR.

NAND KISHORE versus RAM KISHAN &: ANR.

Section 50 of Delhi Rent Control Act, 1958, does not bar a suit by a sub-tenant claiming statutory tenancy when the main tenancy had been determined before the commencement of the Act and the sub-tenant's interest subsisted, as there is no provision empowering the Rent Controller to decide such a dispute.

Parties
Appellant: NAND KISHORE; Respondent: RAM KISHAN DAS; Respondent: Ram Saran Das
Jurisdiction
India
Judgment Date
25 August 1966
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Decree of Punjab High Court (circuit Bench) at Delhi in Civil Regular Second Appeal No. 125 D of 1964
Outcome
Appeal dismissed
Legal Topics
Maintainability of Suit, Jurisdiction of Civil Courts, Statutory Tenancy, Sub Tenancy
Rent Control Property Law Civil Procedure Maintainability of Suit Jurisdiction of Civil Courts Statutory Tenancy Sub Tenancy

Case Brief

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Parties

NAND KISHORE

Appellant

RAM KISHAN DAS

Respondent

Ram Saran Das

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Decree of Punjab High Court (circuit Bench) at Delhi in Civil Regular Second Appeal No. 125 D of 1964

Legal Issues

  1. 1 Whether section 50 of Delhi Rent Control Act, 1958 is a bar to maintainability of suit filed by sub-tenant claiming statutory tenancy

Ratio Decidendi

Section 50 of Delhi Rent Control Act, 1958, does not bar a suit by a sub-tenant claiming statutory tenancy when the main tenancy had been determined before the commencement of the Act and the sub-tenant's interest subsisted, as there is no provision empowering the Rent Controller to decide such a dispute.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs