| Anand Nivas Pvt. Ltd. v. Anandji Kalyanji's Pedhi, AIR 1965 S.C. 414 |
Held that a statutory tenant has no interest in the property except protection against eviction; sub-lessee of a statutory tenant acquires no tenant-right. |
The Court cited this authority for the proposition that a statutory tenant has only a personal right of protection and no transferable estate that could pass to heirs. |
| South Asia Industries Pvt. Ltd. v. S. Anup Singh & Ors., 1966 (Vol. 66) P.L.R. (Del. Sec.) P.108 |
Upheld eviction against an assignee from a lessee-company even though the company went into liquidation after eviction application; assignee could be proceeded against despite not being the original tenant. |
The decision was relied upon to show that orders can be made against persons who were not the original tenant but had been brought into proceedings; the Court discussed the authority in relation to the rights of assignees/sub-tenants. |
| Life Insurance Corporation of India v. Megh Raj Manohar Lal, 1970 R.C.R. 794 |
Discussed applicability of Order 22 CPC and Rule 23 of the Delhi Rent Control Rules; section 146 CPC could be invoked to bring legal representatives on record in rent proceedings. |
The Court noted this authority to explain procedural mechanisms by which legal representatives are brought on record in Rent Control proceedings and that Order 22 CPC is not directly applicable. |
| Shri Madan Lal v. Competent Authority Slum Areas, 1969 R.C.R. 565 |
Findings under the Rent Act operate as res judicata insofar as they pertain to matters decided before the final decision terminating the proceedings under the Rent Act. |
The Court relied on this proposition in discussing the preclusive effect of a prior decree for eviction under the Rent Act on subsequent proceedings. |
| Bardu Ram v. Ram Chander, 1970 R.C.R. 982 (Full Bench) |
Held that the status to be determined under section 19 of the Slum Areas Act is the status of the tenant himself; a person who was in fact a tenant would remain so for section 19 purposes even if a decree for eviction under the Rent Act had been passed. |
The Court distinguished this Full Bench authority from cases where the persons against whom eviction was ordered were not tenants but had merely been brought on record; the Court treated Bardu Ram as relevant but not determinative in the present factual matrix. |
| Joint Hindu Family firm Ram Chand Siri Ram v. Mangal Kumhar (P.N. Khanna, J.), (E.S.R. No.107-D of 1966) |
Following Calcutta Credit Corporation v. Happy Homes Pvt. Ltd., held that a statutory tenant has only a personal right to possession and no estate; the legal representative of such a statutory tenant is not a "tenant" within section 19 of the Slum Areas Act. |
The Court relied significantly on this decision (P.N. Khanna, J.) to support the conclusion that heirs of a statutory tenant do not fall within the protection of section 19 and therefore the Competent Authority had no jurisdiction to entertain the section 19 application in their favor. |
| Calcutta Credit Corporation Ltd. v. Happy Homes Pvt. Ltd., A.I.R. 1968 S.C. 417 |
Authority on the limited rights of a statutory tenant (cited as similar to the earlier 1965 decision). |
Referred to in support of the principle that statutory tenants possess only personal rights and that such status does not result in transferable tenancy rights to heirs. |
| Siri Kishan v. Mahabir Singh, C.W.P. No.1116/70 (decided 31-3-1971) |
Held that the expression "tenant" in section 19 does not include a sub-tenant; status to be decided with reference to the tenant, not the sub-tenant. |
The Court cited its own earlier holding to reinforce the interpretation of "tenant" under section 19 and to exclude sub-tenants (and by analogy, certain categories of persons not truly tenants) from section 19 protection. |
| Imperial Tobacco Co. of India v. State, A.I.R. 1971 Cal. 109 |
Established that consent cannot confer jurisdiction where there is an inherent want of jurisdiction; supervisory courts under Articles 226/227 must keep statutory authorities within their jurisdictional bounds. |
The Court invoked this principle to hold that the petitioner's prior application under section 19 did not prevent her from challenging the Competent Authority's jurisdiction and to justify supervisory intervention to quash orders passed without jurisdiction. |
| Karam Singh v. Chaman Paswan, A.I.R. 1954 S.C. 340; Pioneer Traders v. Chief Controller of Imports & Exports, A.I.R. 1963 S.C. 734 |
Authorities supporting the principle that a defect of jurisdiction strikes at the root and cannot be cured by consent of the parties. |
The Court relied on these Supreme Court authorities to reinforce the jurisdictional principle applied in the judgment (that consent cannot confer jurisdiction). |