Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1973 : Sections 1(3) & 13 (1) Haryana Urban (Control of Rent & Eviction) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Haryana Urban (control of Rent and Eviction) Act, 1973 (11 of 1973) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Haryana Urban (Control of Rent & Eviction) Act, 1973 : Sections 1(3) & 13 (1)-Tenanted premises-The Act not to apply to the buildings construction of which completed on or after the commencement of the Act for a period of ten years from the date of its completion-Suit for possession filed before the end of the ten years moratorium period provided in the Act-Suit decreed after the completion of ten years-The tenant in occupation will automatically not have the protection afforded by the Act-The decree will remain enforceable and the Civil Court will not lose its jurisdiction in the absence of any specific provision in the Act. Interpretation of Statutes : Exemption clause-Not be applied mechanically-Effect to be given to the object having regard to the language used. The appellants had been inducted as tenants in two shops in the year 1997. The respondents in both the cases terminated the tenancies by legal notices. The notices, after the expiry of notice period, were followed by suits for possession. The suits were decreed in the year 1988. First appeals preferred by the appellants were dismissed by the Additional District Judge in 1989. Second appeals were dismissed by the High Court in limine. Hence this appeal. The question involved related to debarring of courts below by the provisions of the Haryana Urban (Control of Rent & Eviction) Act, 1973 from passing decrees directing the appellants to deliver possession of the properties scheduled in the suits to the respondents. It was contended that the Act came into force on April 25, 1973 while the decree in the instant cases were passed in 1988. The construction of the building in the present cases was completed in 1977; therefore, in view of Section 1(3) of the Act, the Court lost its jurisdiction as the decrees were passed after the moratorium period of ten years came to an end.On behalf of the respondent it was contended that as the suit was instituted to enforce a legal right which had already accrued to the plaintiff, the court would not lose its jurisdiction in the absence of any specific provision in the Act to deprive it of its jurisdiction. |
Judge | Hon'ble Mr. Justice M. Srinivasan |
Neutral Citation | 1998 INSC 84 |
Petitioner | Shri Kishan @ Krishan Kumar Etc. Etc. |
Respondent | Manoj Kumar Etc. Etc. |
SCR | [1998] 1 S.C.R. 830 |
Judgement Date | 1998-02-12 |
Case Number | 356 |
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