High Court of Delhi

Cepco Industries Pvt. Ltd. v. Narinder Pal Singh Chawla

MANU/DE/1590/2016

11.07.2016

Tenancy

Mixed residential, commercial use envisaged in Delhi rent control

Section 2(l)(iii) of the Delhi Rent Control Act 1958 is applicable in a case where tenancy premises are residential-cum-professional, or vice versa, and the nature of the tenanted premises is primarily residential and no part is purely commercial, the Delhi High Court held.

In the instant case, the Appellant had granted residential tenancy to the deceased. Subsequently, it was discovered that the deceased was using the property in a commercial capacity as well. After his death, deceased’s wife inherited limited tenancy rights in respect of the property.

The court considering precedent in Gian Devi noted that since the dispute involved mixed residential and commercial use, it was not dealt with by the earlier case - which only looked at application of Section 2(1)(iii) of the Act from a commercial perspective. In present appeal, premises was adjudged to be used residentially, serving also a professional purpose - thus not excluding it from the remit of the Act.

Relevant

Gian Devi Anand v. Jeevan Kumar MANU/SC/0381/1985
Kamla Devi v. Satya P. Goel MANU/DE/0388/1986

Tags : rent control inherited rights residential commercial use

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