ISSUE:
Whether Jasraj Singh could file the suit for eviction, in the capacity of the Karta of Dr. Santokh Singh HUF, when, admittedly, an elder member of the aforesaid HUF was alive?
Whether the High Court was right in concluding that the first appellate court had duly dealt with all the issues involved and re-appreciated evidence as provided under O.41 R.31 of the Code of Civil Procedure (in short "the CPC") ?
Whether the contractual tenancy between the landlord and tenant came to an end merely by filing an Eviction Petition and whether the landlord could seek enhancement of rent simultaneously or post termination of tenancy ?
Whether the landlord could issue a notice under Section 6A of the Delhi Rent Control Act, 1958 (in short "the Act") for increase of rent without seeking leave of the rent controller during the pendency of an order under Section 15 of the Act directing the tenant to deposit rent on a month to month basis ?
RULE:
That a younger member of the joint Hindu family can deal with the joint family property as manager in the following circumstances: -
(i) if the senior member or the Karta is not available;
(ii) where the Karta relinquishes his right expressly or by necessary implication;
(iii) in the absence of the manager in exceptional and extra ordinary circumstances such as distress or calamity affecting the whole family and for supporting the family;
(iv) in the absence of the father: -
(a) whose whereabouts were not known or
(b) Who was away in a remote place due to compelling circumstances and his return within a reasonable time was unlikely or not anticipated.