SMT. ANAND KAUR versus PRITAM LAL

SMT. ANAND KAUR versus PRITAM LAL

The demand for 'damages for use and occupation' at a rate equivalent to agreed rent following termination of a contractual tenancy is deemed a demand for rent and satisfies section 14(1)(a) of the Delhi Rent Control Act.

Parties
Appellant: Smt. Anand Kaur; Respondent: Pritam Lal
Jurisdiction
India
Judgment Date
14 January 1982
Procedural Posture
Civil Appeal / Decision on Appeal From Delhi High Court Judgment Dated 6th February, 1976 in S.a.o. No.148 of 1975
Outcome
appeal allowed
Legal Topics
Arrears of Rent, Eviction, Statutory Tenancy, Notice Requirements
Rent Control Arrears of Rent Eviction Statutory Tenancy Notice Requirements

Case Brief

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Parties

Smt. Anand Kaur

Appellant

Pritam Lal

Respondent

Procedural Posture

Civil Appeal / Decision on Appeal From Delhi High Court Judgment Dated 6th February, 1976 in S.a.o. No.148 of 1975

Legal Issues

  1. 1 Whether the notice issued by the land-lady satisfied clause (a) of the proviso to section 14(1) of the Delhi Rent Control Act
  2. 2 Whether 'damages for use and occupation' can be construed as demand for rent under section 14(1)

Ratio Decidendi

The demand for 'damages for use and occupation' at a rate equivalent to agreed rent following termination of a contractual tenancy is deemed a demand for rent and satisfies section 14(1)(a) of the Delhi Rent Control Act.

Court Disposition

appeal allowed

Orders

  • Impugned judgment of High Court set aside
  • Orders of Controller and Tribunal restored