Smt.Bhagwan Devi & Ors. Vs. Abdul Jalil & Ors.
EmailAppeal: Civil Appeal No. of 1987.
(In SLP 2072/80)
(In SLP 2072/80)
Petitioner: Smt.Bhagwan Devi & Ors.
Respondent: Abdul Jalil & Ors.
Apeal: Civil Appeal No. of 1987.
(In SLP 2072/80)
(In SLP 2072/80)
Judges: A.P.SEN & SABYASACHI MUKHARJI, JJ.
Date of Judgment: Mar 03, 1987
Head Note:
DELHI RENT CONTROL ACT, 1958
Statutory tenant – Right of a statutory tenant in respect of non-residential premises is heritable.
Cases Reffered:
1. Smt. Gian Devi Anand v. Jeevan Kumar & Ors., (1985) Suppl. SCR 1
JUDGEMENT:
ORDER
1. Special leave granted. Arguments heard. Substitution allowed.
2. In view of the decision of the Constitution Bench in Smt. Gian Devi Anand v. Jeevan Kumar & Ors. (1985) Suppl. SCR 1, the judgment of the High Court holding that the right of a statutory tenant in respect of non-residential premises is not heritable under the Delhi Rent Control Act, 1958, cannot be maintained.
3. Accordingly, we allow the appeal, set aside the judgment and order of the High court as well as of the Courts below and dismiss the application for eviction. No costs.
Appeal allowed.
1. Special leave granted. Arguments heard. Substitution allowed.
2. In view of the decision of the Constitution Bench in Smt. Gian Devi Anand v. Jeevan Kumar & Ors. (1985) Suppl. SCR 1, the judgment of the High Court holding that the right of a statutory tenant in respect of non-residential premises is not heritable under the Delhi Rent Control Act, 1958, cannot be maintained.
3. Accordingly, we allow the appeal, set aside the judgment and order of the High court as well as of the Courts below and dismiss the application for eviction. No costs.
Appeal allowed.
