SC: Disciplinary Proceedings Cannot Follow if an Officer is Discharged on the Same Charge  ||  SC Clarified the Distinction Between Arbitration “Seat” And “Venue” While Summarising Key Principles  ||  Supreme Court: Wife and Her Family Cannot Be Prosecuted For Dowry-Giving Based On Her Complaint  ||  SC: Plaint Cannot Be Rejected Under Order VII Rule 11 CPC on the Ground of Order II Rule 2 Bar  ||  Supreme Court Has Issued an SOP Prescribing Strict Timelines For Filing Legal Aid Appeals  ||  Madras HC: Dhurandhar 2 Release Cannot be Stalled Due to Objections From a Small Section  ||  Delhi HC: Lokpal May Form Prima Facie Opinion Before Show Cause Notice Without Prior Hearing  ||  Bom HC: Family Courts Cannot Casually Order a Spouse’s Medical Examination to Assess Mental Health  ||  Bombay HC: Child Care Leave Protects Motherhood and Denial Violates Rights of Mother and Child  ||  Supreme Court: Amalgamating Company Loss Cannot be Set Off Against Amalgamated Income    

Cepco Industries Pvt. Ltd. v. Narinder Pal Singh Chawla - (High Court of Delhi) (11 Jul 2016)

Mixed residential, commercial use envisaged in Delhi rent control

MANU/DE/1590/2016

Tenancy

Section 2(l)(iii) of the Delhi Rent Control Act 1958 is applicable in a case where tenancy premises are residential-cum-professional, or vice versa, and the nature of the tenanted premises is primarily residential and no part is purely commercial, the Delhi High Court held.

In the instant case, the Appellant had granted residential tenancy to the deceased. Subsequently, it was discovered that the deceased was using the property in a commercial capacity as well. After his death, deceased’s wife inherited limited tenancy rights in respect of the property.

The court considering precedent in Gian Devi noted that since the dispute involved mixed residential and commercial use, it was not dealt with by the earlier case - which only looked at application of Section 2(1)(iii) of the Act from a commercial perspective. In present appeal, premises was adjudged to be used residentially, serving also a professional purpose - thus not excluding it from the remit of the Act.

Relevant : Gian Devi Anand v. Jeevan Kumar MANU/SC/0381/1985 Kamla Devi v. Satya P. Goel MANU/DE/0388/1986

Tags : RENT CONTROL   INHERITED RIGHTS   RESIDENTIAL   COMMERCIAL USE  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved