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march 1990

Supreme Court of India · 1990-03-20

PUKHRAJ JAIN vs MRS. PADMA KASHYAP AND ANR.

Citation / case number
SC 1989/72489
Court
Supreme Court of India
Petitioner
PUKHRAJ JAIN
Respondent
MRS. PADMA KASHYAP AND ANR.
Author
R.M. SAHAI
Bench
R.M. SAHAI

Judgment text excerpt

The Supreme Court held that under Section 21 of the Delhi Rent Control Act, 1958, the legal representatives of a deceased landlord can initiate and continue proceedings for recovery of possession. The Court clarified that 'landlord' refers to anyone entitled to receive rent at the time of the tenancy's expiration, and the death of the landlord does not affect the tenant's obligation to vacate. The Court emphasized that Section 21 is a self-contained code that mandates restoration of possession without inquiry if the permission is not challenged, thus upholding the right to vacant possession as absolute.

PUKHRAJ JAIN vs MRS. PADMA KASHYAP AND ANR. · Niyam