VidhiSangh

Supreme Court of India · 16/04/2019

DR RS GREWAL & ORS. versus CHANDER PARKASH SONI & ANR.

[2019] 6 S.C.R. 130 · 2019 INSC 543

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Summary

A tenant lawfully inducted by a life-estate holder retained statutory rent-control protection after her death. The will authorised the holder to receive rental income for her sustenance, making creation of the tenancy an incident of her permitted enjoyment rather than a transfer of her life estate. The owners could seek eviction on statutory grounds but could not recover possession through a civil suit treating the occupant as a trespasser merely because the life estate had ended.

Issues

  1. Whether the will authorised creation of the tenancy by the life-estate holder.
  2. Whether statutory tenancy protection ended with the landlord’s life interest.
  3. Whether a civil possession suit treating the tenant as a trespasser was maintainable.

Provisions considered

Held

Result

Appeals dismissed without costs. High Court judgment setting aside the possession decrees upheld; owners’ remedy remained statutory eviction proceedings on available grounds.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 130.