PARVINDER SINGH versus RENU GAUTAM AND ORS.

PARVINDER SINGH versus RENU GAUTAM AND ORS.

Heirs inheriting tenancy also inherit obligations, including any unlawful sub-letting; the law laid down in A.S. Sulochana's case is not applicable after Imdad Ali's case. Appeals allowed; judgments of High Court and appellate authority are set aside; matter remanded for merits determination of sub-letting.

Parties
Appellant: Parvinder Singh; Respondent: Renu Gautam; Respondent: Harbhajan Singh; Respondent: Respondent No. 2 (Minor Son)
Jurisdiction
India
Judgment Date
22 April 2004
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Appellate Authority Dismissal
Outcome
Appeals allowed, judgments set aside, case remanded
Legal Topics
Sub Letting, Heritability of Tenancy, Eviction Under H.p. Urban Rent Control Act
Landlord and Tenant Rent Control Sub Letting Heritability of Tenancy Eviction Under H.p. Urban Rent Control Act

Case Brief

Summary, issues, holding and outcome

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Parties

Parvinder Singh

Appellant

Renu Gautam

Respondent

Harbhajan Singh

Respondent

Respondent No. 2 (Minor Son)

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Appellate Authority Dismissal

Legal Issues

  1. 1 Whether heirs inheriting tenancy also inherit obligations including unlawful sub-letting by deceased tenant
  2. 2 Whether entering into partnership amounts to sub-letting under H.P. Urban Rent Control Act, 1987

Ratio Decidendi

Heirs inheriting tenancy also inherit obligations, including any unlawful sub-letting; the law laid down in A.S. Sulochana's case is not applicable after Imdad Ali's case. Appeals allowed; judgments of High Court and appellate authority are set aside; matter remanded for merits determination of sub-letting.

Court Disposition

Appeals allowed, judgments set aside, case remanded

Orders

  • Judgments of High Court and appellate authority set aside
  • Case remanded to appellate authority for hearing and decision afresh regarding eviction under Section 14(2) of H.P. Urban Rent Control Act, 1987