Delhi High Court Upholds Eviction Order, Affirms Tenant Cannot Claim Ownership via Partial Sale Deed

Court rules that tenancy rights remain intact despite tenant's claim of ownership through sale deed executed by one co-owner without consent of others.

In a significant judgment, the Delhi High Court has upheld an eviction order against a tenant who claimed ownership of rented property through a sale deed executed by one co-owner without the consent of the others. The court emphasized that such a partial ownership claim does not extinguish the tenant's status under the Delhi Rent Control Act, 1958.

The case, "Sukhdev @ Sukhdev Raj v. Ashok Kumar," revolved around the tenant's assertion that a sale deed dated December 15, 2016, executed by co-owner Manju Devi in his favor, terminated the landlord-tenant relationship. However, the court noted that the sale deed was executed without the consent of Ashok Kumar, the landlord and joint owner of the property.

Justice Saurabh Banerjee, presiding over the case, reaffirmed that the tenancy rights are adjudged based on the date of the institution of the eviction petition. The tenant's acquisition of partial ownership, therefore, did not affect his status as a tenant. The court relied on precedent, including the Supreme Court's ruling in Pramod Kumar Jaiswal v. Bibi Husan Bano, which established that a lease does not terminate unless interests in the whole property merge in one person.

The tenant's plea for revision was dismissed on the grounds that no exceptional circumstances justified setting aside the eviction order. The court also vacated the stay on execution proceedings, directing the tenant to vacate the premises, which were required by the landlord for bona fide personal use.

This ruling underscores the principle that tenancy cannot be nullified through partial sale transactions among co-owners and reaffirms the rights of landlords under the Delhi Rent Control Act to seek eviction based on bona fide requirements.

Bottom Line:

A tenant cannot claim ownership of a rented property merely on the basis of a sale deed executed by one of the co-owners without the consent of other co-owners, and such claim does not extinguish the tenant's status as a tenant under the Delhi Rent Control Act.

Statutory provision(s): Delhi Rent Control Act, 1958 Sections 14(1)(e), 25(B), 25(B)(8), Transfer of Property Act, 1882 Section 111(d)

Sukhdev @ Sukhdev Raj v. Ashok Kumar, (Delhi) : Law Finder Doc Id # 2812883