Lawstreet Journal

Delhi landlord wins 50-year-old legal battle against tenant, to reclaim shop in Connaught Place

Lawstreet Journal 28 Mar 2022 7:58pm

Image courtesy: Lawstreet Journal Judiciary Delhi landlord wins 50-year-old legal battle against tenant, to reclaim shop in Connaught Place

The Supreme Court on Friday March 25, allowed a landlord to reclaim possession of his shop located at Delhi's Connaught Place followed by 50-year old legal battle with tenants in different Judicial forums. In that proceeding instituted before the Rent Controller, Delhi altogether three individuals and three firms were originally impleaded as respondents. In this appeal, however only three respondents have been impleaded. 

The Shop was rented out to then proprietor (since deceased) of the first respondent in the year 1936. The appellant became the landlord thereof on having purchased the subject premises from its erstwhile owner in the year 1958. The main ground on which the eviction was asked for was sub-letting without the consent of the landlord. 

The respondents run a retail outlet from the subject premises and at the material point of time, the respondents were operating from there a chemist shop. The substance of allegations of the landlord was that the respondents had sub-let certain portions of the premises to three medical practitioners (including one dentist) and two other firms. 

By an order passed on June 5, 1997, the Additional rent controller, Delhi dismissed the petition holding that the appellant had failed to show that there was any sub-letting, assignment or parting with the possession of the tenanted premises in favour of persons who were included in the array of respondents. But in a judgement dated August 29, 2007 the Additional Rent control Tribunal reversed the decision of authority and passed an order of eviction on ground of sub-letting. 

The respondents,… Continue Reading...


Tagged: Connaught Place   Supreme Court of India  
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