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january 1992

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.

SMT. A.N.KAPOOR vs SMT. PUSHPA TALWAR · Niyam