Supreme Court of India · 1990-12-11
PANKAJ BHARGAVA AND ANR. vs MOHINDER NATH AND ANR.
- Citation / case number
- SC 1991/80249
- Court
- Supreme Court of India
- Petitioner
- PANKAJ BHARGAVA AND ANR.
- Respondent
- MOHINDER NATH AND ANR.
- Author
- M.N. VENKATACHALLIAH
- Bench
- M.N. VENKATACHALLIAH
Judgment text excerpt
The Supreme Court held that the permission granted under Section 21 of the Delhi Rent Control Act, 1958 for a limited tenancy cannot be challenged in collateral proceedings. The Court emphasized that the High Court erred in reappraising the factual findings of the Rent Controller and the Appellate Tribunal, which had concurrently held that the respondents' prior occupation did not constitute a tenancy due to lack of consideration. The appeal was allowed, reversing the High Court's decision and reinstating the orders of the lower authorities granting possession to the appellants.