Bombay HC: Wife Humiliating Husband in Front of His Friends is Amounts to Cruelty  ||  Delhi HC Interprets Doctrine of “Compelled Self-Publication”,  ||  Del. HC Issues Summons to Campus Sutra in Trademark Infringement Suit Filed by Footwear Brand Campus  ||  Bombay HC Dismisses PIL Seeking Restraining Order against PRADA  ||  Delhi HC: Cannot Bypass Bar on Revision of Interlocutory Order by Invoking Inherent Jurisdiction  ||  Delhi HC: Prosecutrix’s Refusal to Undergo Medical Examination Weakens the Case  ||  Bom. HC: No Provision under JJ Act that Allows Adoption of a Child of Foreign Citizenship  ||  SC Passes Order to Prevent Russian Mother’s Attempt to Flee with Child  ||  SC: Deprivation of Natural Heir from Will May Not Raise Suspicion  ||  SC: Denying Female Heir Right in Property Only Exacerbates Gender Division    

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 2025 - All Rights Reserved