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Courts vs M/S Janak International on 8 December, 2010

(i) Krishna Wati Vs. Hans Raj, 1974 (2) Supreme Court Reports 524, in this case the appellant took a lease of shop premises from the respondent. From the time of letting, a chemist's business was carried on in the shop by S with the occasional help of the appellant. S and the appellant were living as husband and wife to the knowledge of the respondent. The respondent applied under s. 14 of the Delhi Rent Control Act, 1958, for eviction of the appellant on the ground that she had sublet the premises to S. The Rent Controller and the Tribunal on appeal held that the appellant and S were 10 living together as husband and wife, and that therefore there was no question of any subletting by the appellant. In second appeal, holding that two substantial questions of law were involved namely, one relating to the status of the appellant as the wife of S, and the other, whether subletting was established, the Hon'ble High Court concluded that there was subletting in favour of S. On the question whether the appellant was legally married no finding was necessary in the eviction suit. It was sufficient for the rent court to proceed on the finding that the appellant and S were living together as husband and wife, whether they were legally married or not.
Delhi District Court Cites 16 - Cited by 0 - Full Document
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