The important issue that arose for consideration was whether on the denial by the tenant of – Landlord – tenant relationship? Is the case still governed by Rent Control Legislations ? Is the tenant entitled to the same protection when he says that he is not a tenant but the owner of the property ? The Court in this decisions has answered in the affirmative – while deliberating on the purpose and object of rent control act viz. providing tenants protection from landlords seeking to exploit the scarcity of accommodation - the court has held that once the tenant sets up jus tertii i.e a title in himself or in somebody other than his landlord - the tenancy automatically vanishes by virtue of S.111(g) of the Transfer of Property Act and since he does not plead tenancy - no question of giving him the benefits of rent control legislation arises. Naeem Ahmed vs Yash Pal Malhotra(Deceased) ... on 27 February, 2012 (DHC)
