Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | arbitrary eviction object of the Act deemed vacancy Uttar Pradesh Urban Buildings (Regulation of Letting Rent and Eviction) Act 1972 alternative accommodation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972- s. 12(3) - Whether s.12(3) of the Act providing for 'deemed vacancy' is applicable to a situation where the tenant or a member of his family builds, acquires or otherwise gets a vacant building in the area concerned after commencement of the tenancy but prior to application of the Act to the tenancy in question - Held: Object of rent law is to balance the competing claims of the landlord on the one hand to recover possession of building let out to the tenant and of the tenant to be protected against arbitrary increase of rent or arbitrary eviction, when there is acute shortage of accommodation - Though, it is for the legislature to resolve such competing claims in terms of statutory provisions,. while interpreting the provisions, the object of the Act has to be kept in view by the Court - Unless otherwise provided, a tenant who has already acquired alternative accommodation is not intended to be protected by the Rent Act- Mere use of present tense in s. 12(3) is not intended to limit the applicability of the provision to acquisition of accommodation by the tenant after the Rent Act becomes applicable - View taken by High Court that acquisition of alternative accommodation by the tenant, prior to enforcement of the Act, is not covered by s. 12(3) is not correct in law.Interpretation of Statutes - Purposive approach v/s literal approach - Held: Grammar cannot control the interpretation of the provision which has to be read in the context - Rent control - Rent control legislation - Interpretation of- Need for reasonable interpretation.Interpretation of Statutes - Proviso - Purpose and import of - Held: the scope of proviso is narrower than the main provision. |
Judge | Hon'ble Mr. Justice Adarsh Kumar Goel |
Neutral Citation | 2014 INSC 805 |
Petitioner | Sri Sidhharth Viyas & Anr. |
Respondent | Ravi Nath Misra & Ors. |
SCR | [2014] 13 S.C.R. 745 |
Judgement Date | 2014-11-25 |
Case Number | 10529 |
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