NATHI DEVI versus RADHA DEVI GUPTA

NATHI DEVI versus RADHA DEVI GUPTA

Section 14D confers the special right of immediate possession only upon a widow who let out the premises herself or whose late husband let out the premises. The section does not apply to a widow who becomes landlord by transfer or purchase. Words 'let out by her, or by her husband' must be given normal, literal meaning. Thus, respondent not entitled to seek eviction under Section 14D against a pre-existing tenant in premises let out by a person other than herself or her husband.

Parties
Appellant: Nathi Devi; Respondent: Radha Devi Gupta
Jurisdiction
India
Judgment Date
17 December 2004
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal by Special Leave From High Court Order Affirming Additional Rent Controller's Eviction Order
Outcome
Appeal allowed; eviction order set aside and respondent's application under Section 14D dismissed.
Legal Topics
Eviction, Immediate Possession, Rights of Widow Landlady, Interpretation of Statutes, Landlord Tenant Relationship
Rent Control Property Law Statutory Interpretation Eviction Immediate Possession Rights of Widow Landlady Interpretation of Statutes Landlord Tenant Relationship

Case Brief

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Parties

Nathi Devi

Appellant

Radha Devi Gupta

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal by Special Leave From High Court Order Affirming Additional Rent Controller's Eviction Order

Legal Issues

  1. 1 Whether a widow who becomes landlord by transfer is entitled to immediate possession under Section 14D of the Delhi Rent Control Act, 1958 against a pre-existing tenant.
  2. 2 How to interpret 'premises let out by her, or by her husband' in Section 14D.

Ratio Decidendi

Section 14D confers the special right of immediate possession only upon a widow who let out the premises herself or whose late husband let out the premises. The section does not apply to a widow who becomes landlord by transfer or purchase. Words 'let out by her, or by her husband' must be given normal, literal meaning. Thus, respondent not entitled to seek eviction under Section 14D against a pre-existing tenant in premises let out by a person other than herself or her husband.

Court Disposition

Appeal allowed; eviction order set aside and respondent's application under Section 14D dismissed.

Orders

  • Judgment and order of the High Court set aside.
  • Order of the Additional Rent Controller, Delhi set aside.