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january 1965

Supreme Court of India · 1965-01-08

BRIJ KISHORE GUPTA vs VISHWAMITRAKAPUR

Citation / case number
SC 1962/251
Court
Supreme Court of India
Petitioner
BRIJ KISHORE GUPTA
Respondent
VISHWAMITRAKAPUR
Bench
WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that under the Delhi and Ajmer Rent Control Act, 1952, a tenant could be ejected for erecting unauthorized structures even if those structures were removed before or during the pendency of the suit. The Court clarified that the provisions of Section 14(11) of the Delhi Rent Control Act, 1958, which allows for relief against eviction, could apply to pending proceedings, as they merely modified the earlier provisions rather than representing a radical departure. Consequently, the appeals were decided in favor of the tenants, allowing for relief under the modified provisions of the 1958 Act.

BRIJ KISHORE GUPTA vs VISHWAMITRAKAPUR · Niyam