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september 2009

Supreme Court of India · 2009-09-17

RISHAB CHAND BHANDARI(D)BY LRS. vs NATIONAL ENGINEERING INDUSTRY LTD.

Citation / case number
SC 2005/2596
Court
Supreme Court of India
Petitioner
RISHAB CHAND BHANDARI(D)BY LRS.
Respondent
NATIONAL ENGINEERING INDUSTRY LTD.

Judgment text excerpt

The Supreme Court analyzed the definition of 'landlord' under Section 3(iii) of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950, emphasizing a purposive interpretation rather than a literal one. The Court held that while the owner is typically the natural landlord, the definition allows for agents to collect rent, but does not permit them to evict tenants without the owner's consent. The Division Bench of the High Court's order restoring the Trial Court's decree for eviction and arrears of rent was upheld, affirming the respondent's status as the landlord entitled to receive rent.

RISHAB CHAND BHANDARI(D)BY LRS. vs NATIONAL ENGINEERING INDUSTRY LTD. · Niyam