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.