VIDHYA DHARI BHAGAT Vs. M/S ALLAHABAD LAW JOURNAL CO. LTD.
LAWS(SC)-1990-2-63
SUPREME COURT OF INDIA
Decided on February 20,1990

Vidhya Dhari Bhagat Appellant
VERSUS
M/S Allahabad Law Journal Co. Ltd. Respondents

JUDGEMENT

- (1.)This appeal is against the order for reinduction of the tenant into the premises under Section 19(2) of the Delhi Rent Control Act, 1958 ('the Act).
(2.)The facts are these: The appellant filed two eviction petitions against the respondents; one was under Section 14(1)(e) on the ground of personal bonafide requirement for occupation and the other was under Section 14(1)(a) for non-payment of rent. The former suit was registered as Suit No. 288/77 and the later as Suit No. 330/ 77. On December 24, 1977 Suit No. 288/77 was decreed in favour of the appellant. The respondent was granted six months time to evict the premises. In fact the landlord has no right to evict the tenant for six months when the eviction order is made on the ground specified under Section 14(1)(e). Section 14(7) prohibits the landlord from obtaining possession of the premise before the expiration of a period of six months from the date of the eviction order.
(3.)On April 17, 1978 the Suit No. 330/ 77 was compromised as between the parties. Under the compromise the appellant accepted Rs. 6,000/ - as arrears of rent as against the claim of Rs. 29,000/ - in the suit. The respondent-tenant in turn agreed to put the appellant in possession of the premises. Accordingly, the tenant delivered the possession of the premises, a fact which is not in dispute.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.