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1 - 10 of 26 (0.51 seconds)The Delhi Rent Act, 1995
Ramesh Chand Alias Ramesh Chander vs Uganti Devi (D) Th. Lr'S & Anr on 2 November, 2007
Further, the High Court of Delhi
made important observations in the decision given in the case titled as
"Ramesh Chand Vs. Uganti Devi, 157 (2009) DLT 450" it has been
held that it is settled preposition of law that in order to consider the
concept of ownership under Delhi Rent Control Act, the Court has to see
the title and right of the landlord qua the tenant. The only thing to be
seen by the Court is that the landlord had been receiving rent for his own
benefit and not for and on behalf of someone else. If the landlord was
receiving rent for himself and not on behalf of someone else, he is to be
considered as the owner, howsoever imperfect his title over the premises
may be. The imperfectness of the title of the premises cannot stand in the
way of an eviction petition under Section 14 (1) (e) of the DRC Act,
neither the tenant can be allowed to raise the plea of imperfect title or title
not vesting in the landlord and that too when the tenant has been paying
rent to the landlord. Section 116 of the Evidence Act creates estoppels
against such a tenant. A tenant can challenge the title of landlord only
after vacating the premises and not when he is occupying the premises.
In fact, such a tenant who denies the title of the landlord, qua the
premises, to whom he is paying rent, acts dishonestly......".
Section 25 in The Delhi Rent Act, 1995 [Entire Act]
The Delhi Rent Control Act, 1958
The Transfer Of Property Act, 1882
Section 12 in The Delhi Rent Act, 1995 [Entire Act]
Smt. Shanti Sharma & Ors vs Smt. Ved Prabha & Ors on 26 August, 1987
In this regard reference can be have
to the decision of the Apex Court in "Shanti Sharma & Ors. Vs. Ved
Prabha & Ors., AIR 1987 SC 2028", wherein it was held that :
"14. The word 'owner' has not been defined in this Act and
the word 'owner' has also not been defined in the Transfer of Property
Act. The contention of the learned counsel for the appellant appears to
be is that ownership means absolute ownership in the land as well as of
the structure standing thereupon.
Suresh Kumar Sharma vs Ravi Shankar Sharma 13 Wpc/2382/2018 ... on 27 August, 2018
In another case law, "Rajender Kumar Sharma & Ors. Vs.
Leela Wati & others, 155 (2008) DLT 383", it was laid down that a
landlord is not required to prove absolute ownership as required under
CIS No. 534/2019 Indiraa Bhasin vs Jasvinder Dhandial and ors. Page no. 19 of 23
Transfer of Property Act and he is required to show only that he is more
than a tenant.
Jiwan Lal vs Gurdial Kaur And Ors. on 3 January, 1995
Same was the ratio of decision given in "Jiwan Lal Vs.
Gurdial Kaur & Ors. 1995 RLR 162."