Supreme Court of India · 1992-01-31
SMT. A.N.KAPOOR vs SMT. PUSHPA TALWAR
- Citation / case number
- SC 1982/63846
- Court
- Supreme Court of India
- Petitioner
- SMT. A.N.KAPOOR
- Respondent
- SMT. PUSHPA TALWAR
- Author
- T.K. THOMMEN
- Bench
- T.K. THOMMEN
Judgment text excerpt
The Supreme Court held that the High Court erred in reversing the findings of the Rent Controller and the Rent Control Tribunal regarding the tenant's use of premises for lodging foreign students. The Court emphasized that the landlord must prove that the premises were let for residential purposes and that any incidental commercial use occurred without the landlord's consent, as per Clause (e) of Section 14(1) of the Rent Control Act. The Court restored the orders of the lower authorities, affirming that the tenant's arrangement with the students did not constitute sub-tenancy but rather a legitimate lodging arrangement.