NARAIN KHAMMAN versus PARDUMAN KUMAR JAIN

NARAIN KHAMMAN versus PARDUMAN KUMAR JAIN

Section 14A(1) does not permit a landlord who has other premises available to him for residential accommodation or who has moved into such premises to maintain an application for eviction of a tenant from let premises; eviction under Section 14A(1) is only available when the landlord does not have alternative premises owned by him or his dependent family members.

Parties
Appellant: Narain Khamman; Respondent: Parduman Kumar Jain
Jurisdiction
India
Judgment Date
19 October 1984
Procedural Posture
Civil Appeal / Appeal by Special Leave From Delhi High Court Revision Dismissal
Outcome
Appeal allowed; order of eviction reversed; eviction suit dismissed
Legal Topics
Eviction of Tenant, Government Accommodation, Section 14 a Delhi Rent Control Act
Tenancy Rent Control Eviction of Tenant Government Accommodation Section 14 a Delhi Rent Control Act

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Parties

Narain Khamman

Appellant

Parduman Kumar Jain

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Delhi High Court Revision Dismissal

Legal Issues

  1. 1 Maintainability of eviction petition under Section 14A(1) of Delhi Rent Control Act, 1958 when landlord owns other available premises
  2. 2 Requirement for landlord to be in occupation of allotted government accommodation at time of filing eviction petition

Ratio Decidendi

Section 14A(1) does not permit a landlord who has other premises available to him for residential accommodation or who has moved into such premises to maintain an application for eviction of a tenant from let premises; eviction under Section 14A(1) is only available when the landlord does not have alternative premises owned by him or his dependent family members.

Court Disposition

Appeal allowed; order of eviction reversed; eviction suit dismissed

Orders

  • Order of Delhi High Court dismissing revision petition reversed
  • Civil Revision Petition No. 854 of 1981 allowed