NDLI: Shankarlal Nadani Vs. Sohanlal Jain

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	2001 Rajasthan Rent Control Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Rajasthan Rent Control Act, 2001 – Suit for Possession – Rent Tribunal’s Jurisdiction after the applicability of Act – Validity of decree passed by the Civil Court – The appellant’s father was the tenant of the shop since 1982, whose owner was the father of the respondent – After the death of the appellant’s father, the shop was continuing for monthly tenancy of the appellant – The premises in question was not in the urban area when the suit for possession was filed on 18.04.2013 – During the pendency of the suit, the State Government issued a notification extending the provisions of the Rajasthan Rent Control Act, 2001 w.e.f. 11.5.2015 – The Civil Court passed the decree for possession on 28.05.2015 against the appellants even though the Act became applicable to the area in question w.e.f. 11.5.2015 – The High Court on appeal being filed, held that the decree in civil suit could be passed after the applicability of the Act to the area in question and dismissed the appeal – On appeal, held: The Act has come into force in respect of the premises in question on 11.5.2015 i.e., after the civil suit was filed, therefore, the decree could validly be passed and executed – After the applicability of the Act to the area in question, the landlord and tenant dispute can be raised only before the Rent Tribunal but not before the civil court – However, a suit filed before the civil court prior to the applicability of the Act has to be decided by the civil court – A decree passed by the civil court is valid and executable which is not interdicted by the applicability of the Act to the area in question – The Act is applicable to the area in question from the date the notification came into force and it does not bar the decree of the civil court or the pendency of such civil suit – One of the principles is that the rights of the parties have to be determined on the date when lis commences i.e., on the date of filing of the suit – The plaintiff is entitled to decree on that day when he initiated the proceedings, therefore, rights of the parties have to be examined as on the said day – No error in the order passed by the High Court – Transfer of Property Act, 1882 – Sec. 106.
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2022 INSC 420
Petitioner	Shankarlal Nadani
Respondent	Sohanlal Jain
SCR	[2022] 13 S.C.R. 841
Judgement Date	2022-04-12
Case Number	2816

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