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 Allowed |
Headnote | Rent Control and eviction:Maharashtra Rent Control Act, 1999 - s. 2(14), 8 and 29 - Provisions for fixation of standard rent and maintenance of essential services under the Maharashtra Rent Control Act - Applicability of, to public premises owned by public corporations/undertakings - Held: The subjects of fixation of Standard Rent and restoration of essential services by the landlord are covered under the Maharashtra Rent Control Act and not under the Public Premises Act - Application of the tenants for the said matters when necessary, are maintainable under the Maharashtra Rent Control Act - Eviction and recovery of arrears of rent are alone covered under the Public Premises Act - Thus, the provisions of the Maharastra Rent Control Act with respect to fixation of Standard Rent for premises, and requiring the landlord not to cut off or withhold essential supply or service, and to restore the same when necessary, are not in conflict with or repugnant to any of the provisions of the Public Premises Act - Provisions of the Public Premises Act govern the relationship between the public undertakings covered under the Act and their occupants to the extent they provide for eviction of unauthorised occupants from public premises, recovery of arrears of rent or damages for such unauthorised occupation, and other incidental matters specified under the Act - Provisions of the Maharashtra Rent Control Act govern the relationship between the public undertakings and their occupants to the extent it covers the other aspects of the relationship between the landlord and tenants, not covered under the Public Premises Act - Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - ss. 2(e), 5, 7 and 15. Public Premises (Eviction of Unauthorised Occupants) Act, 1971:ss. 2(e), 5, 7, 15 - Eviction of unauthorised occupants from Public Premises and recovery of arrears of rent from them - Initiation of proceedings under the Public Premises Act - Held: Proceedings initiated by the landlord would be fully competent under the Public Premises Act - Occupants would not be entitled to seek any remedy under the Bombay Rent Act or the subsequent Maharashtra Rent Control Act since the jurisdiction of the civil court has been ousted u/s. 15 - Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 - Maharashtra Rent Control Act, 1999.ss. 10 and 15 - Jurisdiction of civil courts for the remedies of fixation of rent or maintenance of essential services, if ousted - Held: Jurisdiction of the civil court for these remedies is not ousted - Actions covered under the Public Premises Act are concerning eviction of unauthorised occupants and recovery of arrears of rent - Act does not speak anything about the fixation of Standard Rent or maintenance of essential services and no remedy is provided thereunder - The fact that proceeding for one purpose is provided under one statute cannot lead to an automatic conclusion that the remedy for a different purpose provided under another competent statute becomes unavailable. Constitution of India, 1950: Article 254(2) - Repugnancy between the law made by the Parliament and the law made by the State Legislature - When arises - Held: When both the legislation occupy the same field with respect to one of the matters enumerated in List Ill and where a direct conflict is seen between the two - It is to be examined as to whether the two legislations occupy the same field - There is no repugnancy when legislations do not occupy the same field - Provisions of Maharashtra Rent Control Act with respect to fixation of Standard Rent and requiring the landlord to maintain the essential services and supplies not in conflict or repugnant to any of the provisions under the Public Premises Act - Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - Maharashtra Rent Control Act, 1999 - ss. 2(14), 8 and 29. Two Acts when governing the common field, whether both C can apply for different purpose - Held: There could be provisions for certain purposes in one statute and for another purpose in another statute though both govern the common field. Life Insurance Corporation Act, 1956 - s. 21 - Corporation to be guided by directions of Central Government - Guidelines dated 30.5.2002 laid down by the Central Government that the provisions of the Public Premises Act, 1971 should be used primarily to evict totally unauthorised occupants and to secure periodic revision of rent in terms of E the provisions of the Rent Control Act in each State, or to move under genuine grounds under the Rent Control Act for resuming possession, whether directions u/s. 21 - Held: Guidelines dated 30.5.2002 are not directions u/s. 21 - Purpose of these guidelines is to prevent arbitrary use of powers under the Public Premises Act - Relevance of the guidelines would depend upon the nature of guidelines and the source of power to issue such guidelines - Source of the right to apply for determination of standard rent is the Rent Control Act, and not the guidelines - Also, by subsequent clarificatory order, the Central Government made it clear that the guidelines dated 30. 5. 2002 would not apply to affluent tenants - Public Premises (Eviction of Unauthorised Occupants) Act, 1971. Rent Control and eviction:Exemption from operation of Rent Act - Legislative ยท expectations from public bodies as landlords - Held: Exercise of discretion of public authorities must be tested on the assumption that they would act for public benefit and would not act as private landlords - However, these principles not relevant while considering a dispute between a statutory body as landlord and an affluent tenant in regard to a commercial or non-residential premises. Relationship between landlord and tenant in general - Changes brought about by the Rent Control Acts - Explained and discussed. |
Judge | Hon'ble Mr. Justice H.L. Gokhale |
Neutral Citation | 2011 INSC 697 |
Petitioner | Banatwala & Company |
Respondent | L.l.c. Of India & Anr. |
SCR | [2011] 14 S.C.R. 533 |
Judgement Date | 2011-09-19 |
Case Number | 7171 |
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