Synopsis

A tenant was inducted on a vacant plot of land in 1955 at a monthly rent of Rs.117/-. He later raised a structure on the land. The landlord terminated the tenancy and filed a suit for possession and arrears of rent. The tenant contended that (i) the property had become residential premises, thus the Delhi Rent Control Act applied, ousting civil court jurisdiction; and (ii) he had an irrevocable licence under Section 60(b) of the Indian Easements Act because he had raised permanent construction with the landlord’s permission. The trial court and first appellate court concurrently held that the tenancy was of vacant land, hence the Rent Control Act did not apply, and the tenant failed to prove the ingredients of an irrevocable licence. In second appeal, the Delhi High Court dismissed the appeal, holding that no substantial question of law arose. The court clarified that Section 60(b) applies only to licences, not to tenancies; a tenant cannot claim irrevocable licence under the Easements Act. Even assuming the plea was maintainable, the tenant failed to prove any licence or that the construction was of a permanent character or that it was executed acting upon such licence.

Court: High Court of Delhi

Coram: Hon’ble Ms. Justice Neena Bansal Krishna (Single Judge)

Date of Judgment: 20th April, 2026

Citation: RSA 79/2026 (2026:DHC:3869)

Core Law: Code of Civil Procedure, 1908 – Section 100 (second appeal, substantial questions of law); Delhi Rent Control Act, 1958 – Section 50 (bar on civil court jurisdiction); Indian Easements Act, 1882 – Section 60(b) (irrevocable licence); Transfer of Property Act, 1882 – Sections 105, 108(p)

1. Heading of the judgment

High court of delhi

Rsa 79/2026, cm appl. 25617/2026, 25618/2026 & 25619/2026

Khem chand since deceased through legal representative sh. roshan lal (appellant) vs. Smt. chandro devi & ors. (respondents)

Coram: hon’ble ms. justice neena bansal krishna

Date of decision: 20th april, 2026

2. Legal framework

Major laws and provisions involved:

Code of civil procedure, 1908 – section 100 (restriction on second appeal to substantial questions of law), order xli (appeal from original decree)

Delhi rent control act, 1958 – section 50 (jurisdiction of civil courts barred in respect of premises covered by the act), section 2(i) (definition of “premises” – building or part of building let for residential or commercial purposes, but not vacant land)

Transfer of property act, 1882 – section 105 (definition of lease), section 108(p) (lessee not to erect permanent structure without contract), section 108(h) (lessee’s right to remove things attached during lease)

Indian easements act, 1882 – section 52 (definition of licence), section 60(b) (licence becomes irrevocable where licensee, acting upon the licence, has executed a work of permanent character and incurred expenses)

Subject matter of the judgment:

Whether a tenant who was originally inducted on vacant land can, after raising construction on such land, claim protection of the Delhi Rent Control Act on the ground that the property has become “residential premises”. Whether a tenant (lessee) can invoke Section 60(b) of the Indian Easeme

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