Supreme Court of India · 1987-09-02
B.R. MEHTA vs SMT. ATMA DEVI & ORS.
- Citation / case number
- SC 1987/71220
- Court
- Supreme Court of India
- Petitioner
- B.R. MEHTA
- Respondent
- SMT. ATMA DEVI & ORS.
- Author
- SABYASACHI MUKHARJI
- Bench
- SABYASACHI MUKHARJI
Judgment text excerpt
The Supreme Court held that under Section 14(1)(h) of the Delhi Rent Control Act, 1958, the allotment of a house to the wife of a tenant, who is a Government employee, does not automatically disentitle the husband from retaining the tenanted premises. The Court emphasized that the premises allotted to the wife was not the matrimonial home and the husband had no legal right to occupy it. The appeal was allowed, reinforcing the tenant's right to remain in possession unless he acquires alternative accommodation that he can reasonably use as a substitute for the tenanted premises.