Case Note & Summary
The dispute arose from a petition for eviction filed by the landlord against the tenant under Section 14(1)(h) of the Delhi Rent Control Act, 1958. The landlord contended that the tenant had acquired vacant possession of her own house on November 20, 1973, after the premises were let out to her on April 1, 1971. The tenant argued against her eviction, claiming that she had an oral agreement to sell the house before the previous tenant vacated. The Assistant Rent Controller and the Rent Control Tribunal found that the tenant had indeed acquired vacant possession and had alternative accommodation available to her. The High Court upheld these findings, stating that the tenant's loss of possession at the time of the eviction petition did not exempt her from eviction under the Act. The Supreme Court dismissed the appeal, affirming that the tenant's acquisition of her house constituted alternative accommodation, and the existence of a supposed oral agreement to sell was not substantiated. The court concluded that the tenant was liable for eviction as per the provisions of the Act.
Headnote
A) Rent Control - Eviction - Alternative Accommodation - Interpretation of Section 14(1)(h) of the Delhi Rent Control Act, 1958 - Tenant acquired vacant possession of her own house after the premises were let out to her, thus liable for eviction. The court held that the tenant's acquisition of the house constituted alternative accommodation, despite losing possession at the time of the eviction petition filing. Held that the circumstances did not protect the tenant from eviction under the Act (Paras 749-750).
Issue of Consideration
Whether the tenant's acquisition of vacant possession of her own house constituted alternative accommodation under Section 14(1)(h) of the Delhi Rent Control Act, 1958.
Final Decision
The Supreme Court dismissed the appeal, affirming the findings of the lower courts that the tenant had acquired alternative accommodation and was liable for eviction under Section 14(1)(h) of the Delhi Rent Control Act, 1958.
Law Points
- Eviction
- Tenant Rights
- Alternative Accommodation
- Interpretation of Statutes
