VidhiSangh

Supreme Court of India · 17/11/2021

PADAM NABH & SONS versus YASH PAL

[2021] 12 S.C.R. 543 · 2021 INSC 741

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court held that an NRI owner may invoke Section 13-B of the East Punjab rent legislation against a tenant inducted by a predecessor, after the statutory five-year ownership period and subject to the provision’s requirements. Nathi Devi’s interpretation of the differently framed Delhi widow-landlord provision did not govern. The eviction order was upheld, with six months to vacate upon a timely undertaking.

Issues

  1. Whether an NRI who acquires already-tenanted premises can use Section 13-B’s summary possession remedy.
  2. Whether Nathi Devi’s interpretation of the Delhi Rent Control Act required the applicant personally to have inducted the tenant.

Provisions considered

Held

Result

Tenant’s appeal dismissed and eviction upheld. Six months granted to vacate, conditional on furnishing the usual undertaking within two weeks; no costs.

Judgment PDF: Supreme Court of India, [2021] 12 S.C.R. 543.