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september 2010

Supreme Court of India · 2010-09-06

RAFEEQAN (DEAD) BY LRS. vs HUSSAN BANO

Citation / case number
SC 2003/23130
Court
Supreme Court of India
Petitioner
RAFEEQAN (DEAD) BY LRS.
Respondent
HUSSAN BANO
Author
GANGULY
Bench
G.S. SINGHVI,ASOK KUMAR GANGULY, , ,

Judgment text excerpt

The Supreme Court upheld the Delhi High Court's decision affirming the Additional Rent Controller's dismissal of the appellant's application for leave to defend in an eviction proceeding under Section 14-D of the Delhi Rent Control Act. The Court established that the term 'letting out by her or by her husband' in Section 14-D includes letting by a predecessor-in-interest, thereby allowing the widow to seek eviction for her own residential purposes. The Court concluded that the eviction petition was validly filed and the appellant's defense was not sustainable.

RAFEEQAN (DEAD) BY LRS. vs HUSSAN BANO · Niyam