Madhya Pradesh High Court: Victims Must be Given a Hearing Even Before Closure Report Rejection  ||  Delhi HC: Payment of ‘Pagri’ Does Not Render Tenancy Non-Terminable, Allowing Eviction  ||  Ker HC Examined Whether Electro-Homeopathy Can be Practised Without Registration under Medical Laws  ||  Delhi HC: Better Possessory Title Holder Can Recover Property From Occupant Without Superior Right  ||  Bombay High Court: Compensatory Afforestation Must Be in Same or Nearby Locality For Residents  ||  Bombay High Court Protects ‘MEFTAL-SPAS’, Restrains Use of Similar Drug Brand  ||  Supreme Court: Inclusion in Revised Select List Does Not Give TN MV Inspectors a Vested Right  ||  Bombay HC: ICC Cannot Hear Sexual Harassment Complaint over Non-Employer Transport Incident  ||  Ker HC Upholds Rule that Homeopathic Doctors Must Cancel Registration Before Enrolment as Advocates  ||  J&K&L HC: Evidence Negating Penetration Warrants Conviction For Attempt to Rape, Not Rape    

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