NATHI DEVI Vs. RADHA DEVI GUPTA
LAWS(SC)-2004-12-2
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on December 17,2004

NATHI DEVI Appellant
VERSUS
RADHA DEVI GUPTA Respondents





Cited Judgements :-

DR V K RAJAN VS. STATE OF KERALA [LAWS(KER)-2007-11-61] [REFERRED TO]
MUKUND DEWANGAN VS. ORIENTAL INSURANCE COMPANY LIMITED [LAWS(SC)-2017-7-49] [REFERRED TO]
VANDANA KANDARI VS. UNIVERSITY OF DELHI [LAWS(DLH)-2010-7-508] [REFERRED]
KISHOR BIRADMAL BHANDARI VS. CHANDRAKANT KRISHNA GAWAS [LAWS(BOM)-2023-8-569] [REFERRED TO]
J SAI PRASANNA VS. MEDICAL COUNCIL OF INDIA [LAWS(APH)-2008-5-16] [REFERRED TO]
RAJESH SIVASANKARA PILLAI VS. FEDERAL BANK LTD [LAWS(KER)-2020-2-365] [REFERRED TO]
JAYDEEP GUPTA VS. STATE OF M P [LAWS(MPH)-2011-8-26] [REFERRED]
RAFEEQAN VS. HUSSAN BANO [LAWS(SC)-2010-9-40] [REFERRED TO]
SHANKER RAJU VS. UNION OF INDIA [LAWS(SC)-2011-1-115] [REFERRED TO]
UTTARANCHAL FOREST DEVELOPMENT CORPORATION VS. JABAR SINGH [LAWS(SC)-2006-12-9] [REFERRED TO]
EERATI LAXMAN VS. STATE OF A P [LAWS(SC)-2009-1-47] [REFERRED TO]
MOHAN RAJ VS. DIMBESWARI SAIKIA [LAWS(SC)-2006-11-44] [REFERRED TO]
BAJAJ HINDUSTAN LTD VS. UNION OF INDIA [LAWS(ALL)-2008-4-34] [REFERRED TO]
TRIVENI ENGINEERING AND INDUSTRIES LTD VS. ADDITIONAL EXCISE COMMISSIONER ADMINISTRATION SHEERA NIYANTARAK [LAWS(ALL)-2005-2-109] [REFERRED TO]
MUKESHBHAI ISHWARBHAI PRAJAPATI VS. STATE OF GUJARAT [LAWS(GJH)-2014-12-140] [REFERRED TO]
ANIKET COLLEGE OF SOCIAL WORK VS. ASSISTANT PROVIDENT FUND COMMISSIONER & ANR. [LAWS(BOM)-2017-8-83] [REFERRED TO]
QAISAR IQBAL ALI VS. STATE OF ODISHA AND ORS. [LAWS(ORI)-2015-12-26] [REFERRED TO]
BAJAJ ALLIANCE GENERAL INSURANCE CO. LTD VS. RAMBHA DEVI [LAWS(SC)-2024-11-2] [REFERRED TO]
SHISHIR TIGGA VS. STATE OF JHARKHAND [LAWS(JHAR)-2022-2-63] [REFERRED TO]
Vijay Shanker Rai VS. State of U.P. and Ors. [LAWS(ALL)-2009-9-88] [REFERRED TO]
NAMAKAR VINIMAY PVT LTD VS. YASHDEEP TREXIM PVT LTD [LAWS(CAL)-2012-10-114] [REFERRED TO]
SANJANA D/O NARENDRA WADEWALE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-5-9] [REFERRED TO]
VINOD KUMAR SINGH VS. DISTRICT BASIC EDUCATION OFFICER [LAWS(ALL)-2010-11-99] [REFERRED TO]
SURSARI PRASAD MISHRA VS. STATE OF U P [LAWS(ALL)-2012-1-25] [REFERRED TO]
AABID KHAN VS. STATE GOVT. OF NCT OF DELHI [LAWS(DLH)-2023-12-16] [REFERRED TO]
STATE OF CHHATTISGARH VS. MUKESH GUPTA DIRECTOR GENERAL [LAWS(CHH)-2022-9-56] [REFERRED TO]
S.M.J. MARY JOSELIN KINGSLY VS. THE DISTRICT EDUCATIONAL OFFICER, THUCKALAY AND ORS. [LAWS(MAD)-2015-4-384] [REFERRED TO]
THOMAS VS. A A HENRY [LAWS(KER)-2008-2-9] [REFERRED TO]
M/S. TRINITY INFRASTRUCTURE VS. STATE OF M. P. [LAWS(MPH)-2020-9-151] [REFERRED TO]
DHARMENDRA KUMAR MOTIWALA VS. VIDYA THAKUR [LAWS(MPH)-2007-1-97] [REFERRED TO]
BALMUKUND SINGH GAUTAM VS. NEENA VIKRAM VERMA AND ORS [LAWS(MPH)-2012-10-272] [REFERRED]
ANUGRAH NARAIN SINGH VS. STATE OF U P MINISTRY OF NAGAR VIKAS ANUBHAG 4 [LAWS(ALL)-2005-12-80] [REFERRED TO]
STATE OF ASSAM VS. RAM SANKAR MAURYA [LAWS(GAU)-2023-3-13] [REFERRED TO]
BHARTIBEN SHAH VS. GRACY THOMAS [LAWS(BOM)-2013-1-84] [REFERRED TO]
DSC LTD. VS. DADA JEETU BUILDCON PVT LTD [LAWS(DLH)-2018-11-38] [REFERRED TO]
CHARANJIT SINGH AHLUWALIA VS. UNION OF INDIA [LAWS(DLH)-2023-5-194] [REFERRED TO]
N RAVINDRA MURTHY VS. SHRI VEERABHADRA SWAMY TEMPLE [LAWS(APH)-2008-3-19] [REFERRED TO]
PUSALA MURALI KRISHNA VS. ASSISTANT COMMISSIONER ENDOWMENTS DEPARTMENT [LAWS(APH)-2008-3-27] [REFERRED TO]
LATIKA SHARAD JOSHI VS. ADDITIONAL DIVISIONAL COMMISSIONER [LAWS(BOM)-2024-5-101] [REFERRED TO]
BANSAL WIRE INDUSTRIES LTD. AND ANR. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2010-5-346] [REFERRED TO]
SARWATI DEVI VS. BIRBAL SINGH [LAWS(DLH)-2012-12-96] [REFERRED TO]
DATA INDIA LTD VS. UNITED PUBLISHERS [LAWS(GAU)-2005-3-38] [REFERRED TO]
LARSEN AND TOUBRO LIMITED VS. COMMISSIONER OF LABOUR [LAWS(APH)-2013-11-61] [REFERRED TO]
KISHAN VANAJI SATPUTE VS. BABURAO JAKHUJI WAKANKAR [LAWS(BOM)-2007-12-94] [REFERRED TO]
MAHARASHTRA RAJYA MATHADI TRANSPORT AND GENERAL KAMGAR UNION VS. GROCERY MARKETS AND SHOPS LABOUR BOARD [LAWS(BOM)-2006-8-95] [REFERRED TO]
PADAM NABH & SONS VS. YASH PAL [LAWS(P&H)-2011-12-384] [REFERRED TO]
CABLE CORPN OF INDIA LTD VS. ADDITIONAL COMMNR OF LABOUR [LAWS(SC)-2008-5-53] [REFERRED TO]
RAMESHWAR NEEKHRA VS. THE STATE BAR COUNCIL OF M.P. & OTHERS [LAWS(MPH)-2018-2-255] [REFERRED TO]
NIRMAL JAGMOHAN SHARMA VS. HIGH COURT OF GUJARAT [LAWS(GJH)-2023-4-1719] [REFERRED TO]
COMMON CAUSE (A REGISTERED SOCIETY) VS. UNION OF INDIA [LAWS(SC)-2021-9-19] [REFERRED TO]
P.K. ORES PVT. LTD VS. COMMISSIONER OF SALES TAX [LAWS(ORI)-2022-5-85] [REFERRED TO]
RAJENDRA SINGH PARMAR VS. STATE OF MP [LAWS(MPH)-2014-12-5] [REFERRED TO]
ABDUL SATHAR VS. PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT AND ORS. [LAWS(MAD)-2021-2-283] [REFERRED TO]
E.SESHAN VS. DEPARTMENT OF LAW GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2021-8-132] [REFERRED TO]
FAUJDAR VS. DEPUTY DIRECTOR OF CONSOLIDATION [LAWS(ALL)-2006-1-244] [REFERRED TO]
PRAMODKUMAR ANAND MISHRA VS. STATE OF GUJARAT [LAWS(GJH)-2014-12-101] [REFERRED TO]
BABY DEB VS. AJIT DEB [LAWS(GAU)-2007-10-11] [REFERRED TO]
MADHU SHARMA AND ANOTHER VS. STATE OF HIMACHAL PRADESH AND OTHERS [LAWS(HPH)-2018-8-63] [REFERRED TO]
RAVINDRA BABU SHRIWAS AND ORS ; GAURAV TIWARI AND ORS ; ASHUTOSH SHARMA; HARPAL SINGH; KULVEER SINGH & 9 ORS ; RAVINDRA ANAND; UPENDRA KUMAR VERMA AND 2 OTHERS VS. STATE OF U P THRU SECY & ORS [LAWS(ALL)-2017-12-103] [REFERRED TO]
ONIKA MEHROTRA AND ORS. VS. GOVT. OF NCT OF DELHI AND ORS. [LAWS(DLH)-2015-4-208] [REFERRED TO]
M/S. PONDY DIE CASTINGS (P) LTD. VS. APPELLATE ASSISTANT COMMISSIONER (COMMERCIAL TAXES) PUDUCHERRY [LAWS(MAD)-2017-10-206] [REFERRED TO]
VIJAY PARKASH VS. MANJIT KAUR [LAWS(P&H)-2008-3-50] [REFERRED TO]
NAVNATH KANHA NAIK VS. UNITED BREWERIES LTD [LAWS(BOM)-2008-9-178] [REFERRED TO]
AJAY KUMAR GUPTA DOCHANIA VS. BHAGYANAGAR SILK MILLS PVT. LTD [LAWS(APH)-2012-10-140] [REFERRED TO]
AMODA IRON STEEL LIMITED VS. SNEHA ANLYTICS AND SCIENTIFICS [LAWS(APH)-2022-1-53] [REFERRED TO]
STOKELY VAN CAMP INC VS. HEINZ INDIA PRIVATE LTD [LAWS(DLH)-2012-9-175] [REFERRED TO]
ASHAV ADVISORY LLP VS. PATANJALI AYURVEDA LIMITED [LAWS(DLH)-2022-1-257] [REFERRED TO]
SHAHEEN BEGUM VS. SAIRO BANO [LAWS(DLH)-2022-6-46] [REFERRED TO]
OUTDOOR ADVERTISING ASSOCIATION VS. KOLKATA MUNICIPAL CORPORATION [LAWS(CAL)-2006-9-26] [REFERRED TO]
GOPAL DASS VS. BAL KISHAN DASS [LAWS(ALL)-2012-5-169] [REFERRED TO]
ORIENT PAPER AND INDUSTRIES LTD VS. STATE OF M P [LAWS(SC)-2006-11-42] [REFERRED TO]
SHIN ETSU CHEMICAL CO LTD VS. AKSH OPTIFIBRE LTD [LAWS(SC)-2005-8-46] [REFERRED TO]
INDIAN BANK VS. N VENKATRAMANI [LAWS(SC)-2007-8-103] [REFERRED TO]
MRS LEATHERS VS. S. PALANIAPPAN [LAWS(SC)-2012-9-57] [REFERRED TO]
DEVINDER KUMAR VS. NACHHATTAR SINGH [LAWS(P&H)-2014-2-474] [REFERRED TO]
PRANATI MOHAPATRA VS. ADDL. DISTRICT MAGISTRATE, KHURDA [LAWS(ORI)-2021-3-56] [REFERRED TO]
SOCIEDADE DE FOMENTO INDUSTRIAL PRIVATE LIMITED VS. STATE OF JHARKHAND [LAWS(JHAR)-2022-4-85] [REFERRED TO]
RAJDHANI INDUSTRIES VS. ASSAM POWER DISTRIBUTION CO. LTD [LAWS(GAU)-2023-1-89] [REFERRED TO]
DEEPAK NITRITE LTD VS. STATE OF GUJARAT [LAWS(GJH)-2010-7-583] [REFERRED TO]
SUNITHA VENKATRAM AND ORS. VS. DIVYA RAYAPATI [LAWS(MAD)-2015-3-446] [REFERRED TO]
BINA DEVI WIFE OF SRI VINAY KUMAR SINGH VS. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY [LAWS(PAT)-2017-11-9] [REFERRED TO]
CHAUDHARY CHARAN SINGH, HARYANA AGRICULTURAL UNIVERSITY, HISAR VS. MONIKA [LAWS(SC)-2024-11-76] [REFERRED TO]
HEMAL ASHWIN JAIN VS. UNION OF INDIA [LAWS(GJH)-2020-8-535] [REFERRED TO]
RAM PYARI AND ORS VS. SHEIKH MOHD ARIF & ORS [LAWS(DLH)-2014-8-544] [REFERRED]
SURENDER SOLANKI AND ORS. VS. GOVT. OF NCT OF DELHI AND ORS. [LAWS(DLH)-2015-4-379] [REFERRED TO]
ANAND BHUSHAN VS. R A HARITASH [LAWS(DLH)-2012-3-516] [REFERRED TO]
GURPREET SINGH VS. MUNNI DEVI [LAWS(DLH)-2011-9-147] [REFERRED TO]
CALCUTTA SOFT DRINKS PVT LTD VS. CALCUTTA MUNICIPAL CORPORATION [LAWS(CAL)-2006-7-84] [REFERRED TO]
K. V. SATYAMURTHY VS. GOLDEN BEACH CO-OP HOUSING SOCIETY LTD [LAWS(BOM)-2023-4-23] [REFERRED TO]
STATE OF C.G. VS. GOURAV DEWANGAN AND ORS. [LAWS(CHH)-2019-9-95] [REFERRED TO]
HINDUSTAN MEDIA VENTURES LTD VS. STATE OF U.P. [LAWS(ALL)-2019-7-203] [REFERRED TO]
PUSPA RANJAN SAHOO VS. ASSISTANT DIRECTOR OF INCOME TAX [LAWS(ORI)-2012-7-9] [REFERRED TO]
ABDUL SAMAD V. T. VS. VALANCHERY MUNICIPALITY [LAWS(KER)-2020-2-375] [REFERRED TO]
RATAN PACKERS PVT. LTD. VS. STATE OF M.P. [LAWS(MPH)-2013-8-167] [REFERRED TO]
PUNIT AHLUWALIA (NRI) VS. GURJEEWAN GAREWAL [LAWS(P&H)-2010-5-426] [REFERRED]
BACHAN KAUR VS. KABAL SINGH [LAWS(P&H)-2011-4-96] [REFERRED TO]
PROMOTERS ALIAS BUILDERS ASSOCIATION OF PUNE VS. PUNE MUNICIPAL CORPORATION [LAWS(SC)-2007-5-68] [REFERRED TO]
KAVINDRA KIYAWAT VS. STATE OF M.P. [LAWS(MPH)-2020-9-179] [REFERRED TO]
AMARJIT KAUR KOHLI VS. NEETA KAPOOR [LAWS(DLH)-2005-5-210] [REFERRED TO]
HARINARAYAN G BAJAJ VS. UNION OF INDIA [LAWS(BOM)-2007-11-54] [REFERRED TO]
TATA YODOGAWA LIMITED VS. BIHAR STATE ELECTRICITY BOARD [LAWS(JHAR)-2013-5-57] [REFERRED TO]
ANATHA BANDHU MANDAL VS. STATE OF ORISSA AND ORS. [LAWS(ORI)-2015-6-9] [REFERRED TO]
RAJ KUMAR MAZUMDAR VS. STATE OF BIHAR [LAWS(PAT)-2021-10-26] [REFERRED TO]
MURALEEDHARAN T. VS. STATE OF KERALA [LAWS(KER)-2020-6-162] [REFERRED TO]
KRISHNANKUTTY A. VS. KERALA STATE HUMAN RIGHTS COMMISSION [LAWS(KER)-2020-8-678] [REFERRED TO]
LALIT JASWAL VS. SARBJEET SINGH [LAWS(HPH)-2022-11-60] [REFERRED TO]
MANDVI CO OP BANK LTD VS. NIMESH B THAKORE [LAWS(SC)-2010-1-13] [REFERRED TO]
MAHENDRA KUMAR DUBEY VS. ECONOMIC OFFENCE WING, UNIT: GWALIOR [LAWS(MPH)-2021-10-123] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. SURINDER SINGH BANOLTA [LAWS(SC)-2006-11-153] [REFERRED TO]
KAY KAY EMBROIDERIES PVT LTD VS. CLOTH MARKETS AND SHOPS BOARD [LAWS(BOM)-2006-8-66] [REFERRED TO]
JENTIBHAI CHITABHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2007-3-38] [REFERRED TO]
WEST BENGAL PHARMACY COUNCIL VS. RUSHA PODDER [LAWS(CAL)-2024-3-36] [REFERRED TO]
N SAMPATH GANESH VS. UNION OF INDIA [LAWS(BOM)-2020-4-48] [REFERRED TO]
SHARDA THAKAR VS. JAGJIT SINGH [LAWS(P&H)-2009-11-181] [REFERRED TO]
RAJNEESH GARG (DIRECTOR) VS. ROMESH KUMAR MENGI M/S FOCUS TECHNOLOGY (INDIA) PVT. LTD. [LAWS(J&K)-2017-9-44] [REFERRED TO]
TEJINDER SINGH VS. RAJPAL [LAWS(P&H)-2009-5-30] [REFERRED TO]
COMMISSIONER OF CENTRAL EXCISE VS. KANDHARI RADIO [LAWS(DLH)-2009-4-130] [REFERRED TO]
KOMMISETTY NAMMALWAR AND CO VS. AGRICULTURE MARKET COMMITTEE [LAWS(APH)-2009-5-9] [REFERRED TO]
S LACHMAN SINGH VS. S SATNAM SINGH [LAWS(APH)-2010-7-92] [REFERRED TO]
NORTH DELHI MUNICIPAL CORPORATIN AND ORS. VS. ONIKA MEHROTRA AND ORS. [LAWS(DLH)-2015-7-79] [REFERRED TO]
NORTH DELHI MUNICIPAL CORPORATION VS. ONIKA MEHROTRA [LAWS(DLH)-2016-5-1009] [REFERRED TO]
ANANT H. ULAHALKAR & ANR. VS. CHIEF ELECTION COMMISSIONER AND ORS. [LAWS(BOM)-2016-12-162] [REFERRED TO]
POPCORN ENTERTAINMENT CORPORATION VS. CITY INDUSTRIAL DEVELOPMENT CORPORATION [LAWS(BOM)-2009-9-40] [REFERRED TO]
JAGADESAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2015-2-266] [REFERRED TO]
PADAM NABH & SONS VS. YASH PAL [LAWS(SC)-2021-11-86] [REFERRED TO]
SANKARSAN SWAIN VS. SENIOR DIVISIONAL MANAGER [LAWS(ORI)-2017-4-28] [REFERRED TO]
MARUTI STEEL MOULDING PVT. LTD. AND ORS. VS. O.E.R.C. AND ORS. [LAWS(ORI)-2015-12-18] [REFERRED TO]
STATE OF ODISHA AND ANOTHER (IN BOTH THE APPEALS) VS. SRI LOKANATH BEHERA AND ANOTHER [LAWS(ORI)-2018-9-3] [REFERRED TO]
BIJU VS. RAJI [LAWS(KER)-2014-7-110] [REFERRED TO]
M P ROAD TRANSPORT CORPORATION VS. MOHAMMAD ISMAIL [LAWS(MPH)-2010-3-24] [REFERRED TO]
Orient Paper & Industries Ltd. VS. State of M.P. [LAWS(MPH)-2006-11-96] [REFERRED TO]
V K GEMINI VS. CHANDRAN [LAWS(KER)-2006-7-19] [REFERRED TO]
RANA SUGARS LIMITED VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2012-10-613] [REFERRED]
ANU SHARMA VS. PUNJAB NATIONAL BANK [LAWS(HPH)-2019-8-33] [REFERRED TO]
JAGDEEP SINGH VS. RAMESH SINGH [LAWS(HPH)-2019-11-265] [REFERRED TO]
BALWANT KAUR CHAUDHARY VS. RAMBIR SINGH [LAWS(DLH)-2014-8-19] [REFERRED TO]
ANANT HANUMANT ULAHALKAR AND ANR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-12-39] [REFERRED TO]
KRISHNA SHRI GUPTA VS. STATE OF U.P [LAWS(ALL)-2020-2-404] [REFERRED TO]


JUDGEMENT

B. P. Singh, J. - (1.)In this appeal by special leave appellant Nathi Devi is the tenant while respondent Radha Devi Gupta is the landlord who filed an application for the eviction of the appellant on the ground that she required the premises for her bona fide personal need invoking the provisions of Section 14D of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act) which, according to her, entitled her to immediate possession of the premises in question being a widow landlady. The appellant filed an affidavit and prayed for leave to defend on the ground that the petition raised many triable issues. The Additional Rent Controller, Delhi by his judgment and order dated 12th November, 1997 after considering the submissions urged before him came to the conclusion that the tenant had failed to make out a case for grant of leave to defend as she had failed to raise any triable issue. He, therefore, allowed the petition under Section 14D of the Act and passed an order of eviction.
(2.)The appellant then moved the High Court in C.R. No. 70/98 and C.M. No. 298/98 impugning the order of eviction passed by the Additional Rent Controller, Delhi. The High Court concurred with the view of the Additional Rent Controller and held that since the landlady was a widow, and the premises were required by her for her own residence, the conditions for the applicability of Section 14D of the Act were fulfilled and hence the learned Additional Rent Controller committed no mistake in refusing leave to defend to the appellant.
(3.)When this special leave petition came up for admission before a bench consisting of two learned Judges of this Court, counsel for the appellant relied upon a decision of this Court in the case of Surjit Singh Kalra vs. Union of India (1991) 2 SCC 87 which supported the contention of the appellant that the landlady who acquired the tenanted premises in question by transfer, could not avail of the remedy of eviction of a pre-existing tenant resorting to Section 14D of the Delhi Rent Control Act. The learned Judges doubted the correctness of the decision, and since the decision in Surjit Singh Kalra was by a bench consisting of three Judges, the special leave petition was directed to be placed before a three Judge bench by order dated 26th April, 1999. Thereafter this Court granted special leave to appeal by order dated 10th September, 1999.


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