Cal. HC: WB Government Directed to Finalise Minimum Wage of Tea Plantation Workers Within Six Weeks  ||  Delhi HC: Woman Cannot be Held Liable for Her Lover Committing Suicide Due to Love Failure  ||  All. HC: Medical Report Determining Age of Victim in POCSO Cases to be Submitted to Court Promptly  ||  Concerns About Rise in Low-Quality Law Colleges Raised by Bar Council of India  ||  Appointment of Technical Assistants as Assistant Engineers in Tamil Nadu PWD Upheld by Supreme Court  ||  Committee to Examine Issues Relating to Queer Community Constituted by Central Government  ||  Karnataka High Court: Accused can’t be Morally Convicted by Trial Court in Absence of Legal Proof  ||  Supreme Court in Plea for 100% EVM-VVPAT Verification: Human Interference to Create Problems  ||  Bom HC: Person Cannot be Deprived of Right to Sleep by Recording Statements at Unearthly Hours  ||  Supreme Court: Enable E-Filing & Virtual Appearance Facilities At UP District Courts    

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 2024 - All Rights Reserved