Supreme Court of India · 2005-03-11
CHARANJIT LAL MEHRA vs KAMAL SAROJ MAHAJAN
- Citation / case number
- SC 2004/20326
- Court
- Supreme Court of India
- Petitioner
- CHARANJIT LAL MEHRA
- Respondent
- KAMAL SAROJ MAHAJAN
- Author
- A.K. MATHUR
- Bench
- A.K. MATHUR P.VENKATARAMA REDDI
Judgment text excerpt
The Supreme Court upheld the High Court's decision to set aside the trial court's order denying eviction under Order XII Rule 6 of the Code of Civil Procedure. The Court clarified that once the rent exceeds Rs.3500, the provisions of the Delhi Rent Control Act, 1958 cease to apply, allowing the landlord to terminate the tenancy. The Court affirmed that the tenancy was joint and the defendants' claim of separate tenancies was not substantiated, thus ruling in favor of the plaintiff for eviction and recovery of arrears.