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may 1988

Supreme Court of India · 1988-05-11

JAGAN NATH (DECEASED) THROUGH L.Rs. vs CHANDER BHAN AND OTHERS

Citation / case number
SC 1985/66941
Court
Supreme Court of India
Petitioner
JAGAN NATH (DECEASED) THROUGH L.Rs.
Respondent
CHANDER BHAN AND OTHERS
Bench
MUKHARJI, SABYASACHI (J)

Judgment text excerpt

The Supreme Court held that under Sections 14(1)(a) and 14(1)(b) of the Delhi Rent Control Act, 1958, parting with possession requires the tenant to divest not only physical possession but also the right to possession. The Court found that the tenant retained legal possession despite his sons managing the business, thus no eviction was warranted. The appeal was allowed, overturning the lower courts' decisions that had ruled in favor of the landlord's claim of subletting.

JAGAN NATH (DECEASED) THROUGH L.Rs. vs CHANDER BHAN AND OTHERS · Niyam