POORAN CHAND versus MOTILAL & OTHERS

POORAN CHAND versus MOTILAL & OTHERS

High Court was justified in exercising its powers of revision under s.35 of Delhi and Ajmer Rent Control Act, 1952, as the Civil Judge’s decree was not according to law; tenancy had expired by efflux of time and notice to quit was not necessary; appellant liable to eviction for subletting without landlord’s written consent, including replacement of old sub-tenant with new one.

Parties
Appellant: Pooran Chand; Respondents: Motilal & Others
Jurisdiction
India
Judgment Date
11 December 1962
Procedural Posture
Civil Appeal by Special Leave / Appeal From Rajasthan High Court Judgment July 18, 1961 in Civil Regular Second Appeal No. 90 of 1960
Outcome
Appeal dismissed
Legal Topics
Rent Control, Sub Letting, Eviction, Revision Powers of High Court
Civil Procedure Tenancy Law Rent Control Sub Letting Eviction Revision Powers of High Court

Case Brief

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Parties

Pooran Chand

Appellant

Motilal & Others

Respondents

Procedural Posture

Civil Appeal by Special Leave / Appeal From Rajasthan High Court Judgment July 18, 1961 in Civil Regular Second Appeal No. 90 of 1960

Legal Issues

  1. 1 Whether High Court can exercise revision powers under s.35 of Delhi and Ajmer Rent Control Act, 1952.
  2. 2 Whether a notice to quit was necessary after expiry of lease by efflux of time.
  3. 3 Whether subletting includes replacing old sub-tenants with new ones under s.13(1)(b) of the Act.

Ratio Decidendi

High Court was justified in exercising its powers of revision under s.35 of Delhi and Ajmer Rent Control Act, 1952, as the Civil Judge’s decree was not according to law; tenancy had expired by efflux of time and notice to quit was not necessary; appellant liable to eviction for subletting without landlord’s written consent, including replacement of old sub-tenant with new one.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Decree of Senior Civil Judge, Ajmer set aside; decree of Subordinate Judge, Ajmer restored