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november 1965

Supreme Court of India · 1965-11-05

LAKHMI CHAND KHEMANI vs SMT. KAURAN DEVI

Citation / case number
SC 1965/61
Court
Supreme Court of India
Petitioner
LAKHMI CHAND KHEMANI
Respondent
SMT. KAURAN DEVI
Bench
SARKAR, A.K.

Judgment text excerpt

The Supreme Court held that under Section 2(1) of the Delhi Rent Control Act, 1958, a person against whom an ejectment decree has been passed does not qualify as a 'tenant' and thus is not entitled to the protections under Section 50 of the Act. The Court clarified that Section 19 of the Slum Areas (Improvement and Clearance) Act, 1956 does not alter this definition, as it only restricts the execution of such decrees without permission. Consequently, the appellant, having an ejectment decree against him, was deemed a trespasser, and the suit for eviction was not barred by the Rent Control Act.

LAKHMI CHAND KHEMANI vs SMT. KAURAN DEVI · Niyam