Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent Control and Eviction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Major Port Trust Act, I 963/Constitution of India, 1950; Articles 12 and 14/Code of Civil Procedure, 1908; Order 1 Rule 8 and Order 41 Rule 22: Bombay Port Trust Board of Trustee-Lessees-Revision of Rent and terms and conditions thereof-Engaging of consultant for valuation of the land-Acceptance of Report-Fixation of fair market rates-Notices for termination of tenancy/payment of revised rent-Challenge to-Single Judge of the High Court struck down the notices-In appeal, Division Bench directing the Board to formulate a formula for fixation of rent-Formula/compromise proposal-Approved by the Division Bench-Challenge to-Held: Bombay Port Trust is an instrumentality of State, hence an authority-States have to act just and fair in conformity with Article 14 of the Constitution whether acting as a landlord/tenant-State is empowered to raise rent to the extent to compensate the loss caused by inflationary tendencies including increased cost of maintenance/taxes/administrative expenses but not allowed to earn profit/unreasonable eviction-Revision of rate of rent, recovery of arrears and levy of interest thereon could be decided on the basis of the compromise proposal/formula with certain modifications in the rate of interest on the arrears of rent-Direction issued.Revision in Rent as per compromise proposal-Relaxation-Held: since the appellant/tenant could neither make use of the entire property nor could develop it fully owing to its peculiar location and surrounding status and nature of land held by him which find support from documentary evidence/ Report of the consultants, hence deserves some relaxation-Such other tenants G could also file representations-The representations would be adjudicated by an Adjudicator to be appointed by the High Court.Cross-objection in appeal under Article 136-Validity of-Held: cross-objection does not lie.Constitution of India: Article 136 of the Constitution-Scope of-Held: it confers discretionary power on the Supreme Court to interfere in suitable cases-Self imposed restrictions placed as fetters-Could not restrict the Court from leaping into resolution of controversies-However, the jurisdiction of the Court remains an extra ordinary jurisdiction, whether exercised in granting leave/deciding the appeal. Civil Procedure Code, 1908: Order 41 Rule 22-Scope of-Discussed. |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2004 INSC 33 |
Petitioner | Jamshed Hormusji Wadia |
Respondent | Board Of Trustees, Port Of Mumbai And Anr. |
SCR | [2004] 1 S.C.R. 483 |
Judgement Date | 2004-01-13 |
Case Number | 5559 |
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