Kritika Bansal & Shriram Nagayach, BA LLB (Hons.), UPES, Dehradun
Ratan Lal vs Vardesh Chandra
Facts – The particular case deals with the Transfer of property act and Delhi Rent control Act. The landlord had let out the building to the tenant in the year 1954. The property was situated in Delhi and the at that time the Transfer of Property Act was not applicable to Delhi. The year 1967, a suit for evicting was filed against tenant on the grounds of unauthorized subletting under the Transfer of Property Act. An eviction decree was granted and then affirmed by the Appellate Tribunal.
The tenant appealed to the Hight Court contending that he was not given notice to quit or forfeiture that would determine the tenancy was given by the landlord as required by TPA. The landlord contended on the other hand that the tenancy was expired and no notice was necessary. The High Court dismissed the appeal and granted a certificate of Fitness under Article 133.
The Court held that the whether a new point can be taken into consideration regarding the matter was he discretion of the court.
The Rent Control law restricts landlords to seek eviction unless there are significant barriers. Even under specific rent control statutes landlords can initiate proceedings for eviction if they have a cause of action under TPA.
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