Supreme CourtDivision Bench(1994) 02 SC CK 0121

Rajinder Singh (Dead) and Another vs Dalip Chand and Others

Supreme Court Of India · Decided on 17 February 1994 · Citation: (1994) 4 SCC 459

HON’BLE JUDGES
S. Mohan, J · M. K. Mukherjee, J
RESULT
Allowed
CASE NUMBER
Civil Appeal No. 3666 Of 1988 With I.A Nos. 2 And 3

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Judgment

5 paragraphs · 194 words
1.

Substitution application is allowed.

2.

Delay condoned.

3.

After hearing both the learned counsel at some length, we are of the firm view that the judgment of garding the basic principles : (1) After the contract had come to an end, the statute acts over the rights of the parties are governed by the statute of the East Punjab Urban Rent Restriction Act in the instant case. (2) It is settled law that the Rent Control Act is a code in itself. It is equally well-settled that to the extent that the Rent Control Act. governs the provisions of Transfer of Property Act will not apply. Further Section 13 of the Act states as follows :

"13. (3(a) A landlord may apply to the Controller for an order directing the tenant to put the landlord in possession."

4.

Therefore, if sub-lease is a ground for eviction the prior permission ranted under the contract,hich contract had expired, cannot be pressed into service. The High court by holding to the contrary has gone wrong. The Civil will stand allowed. There shall be no order as to costs. Time to vacate the premises is three months.