Content Provider | Supreme Court of India |
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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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Rajasthan Rent Control Act, 2001 – ss. 20, 32 – Rajasthan Premises (Control of Rent and Eviction) Act, 1950 (Old Act) – Suit or proceedings initiated under the Old Act, pending on the date of commencement of the New Act (2001 Act) – Grant of mesne profits – s. 20 of the New Act, if applicable – Held: s. 20 deals with the execution of the orders of the Rent Tribunal in the manner so prescribed – Sub-sec. (3) makes it clear that if the tenant does not vacate premises within three months of the date of issue of certificate for recovery of the possession, in that event he is liable to pay mesne profits at the rate of three times the rent in case the premises is let out for commercial purposes, as applicable in the facts of the present case – Further, sub-sec. (3) of s. 32 (Repeal and savings) has been given overriding effect by which the applications or suit or other proceedings filed under the Old Act pending on the date of commencement of the New Act before any Court shall be continued and disposed of in accordance with the provisions of the Old Act as the Old Act had continued in force and the New Act had not been enacted – Thus, the suit or proceedings, if any, pending on the date of notification issued for applicability of the New Act, such proceedings would continue under the Old Act and New Act has no application – Therefore, High Court rightly rejected the contention of the appellant that maximum payable mesne profits u/s. 20 of the New Act can be three times of the rent in case the premises is let out for commercial purposes, while dismissing the review petition – It rightly held that s. 20, by which three times mesne profits to the standard rent was made permissible for the suit or proceedings started under the New Act, has no application in suit or proceedings initiated under the Old Act and pending on the date of commencement of the New Act – Reasoning given is in consonance to the spirit of s. 32 of the New Act – Further, the amount of mesne profits has also been rightly decided by the High Court – Order of High Court does not warrant any interference.Rent Control and Eviction – Decree of eviction – Entitlement of landlord to mesne profits – Held: After passing of the decree of eviction the tenancy terminates and from the said date the landlord is entitled for mesne profits or compensation depriving him from the use of the premises.Rent Control and Eviction – Determination of mesne profit – Basis of – Discussed. |
Judge | Hon'ble Mr. Justice J.K. Maheshwari |
Neutral Citation | 2022 INSC 663 |
Petitioner | M/s. Martin & Harris Private Limited & Anr. |
Respondent | Rajendra Mehta & Ors. |
SCR | [2022] 16 S.C.R. 38 |
Judgement Date | 2022-07-06 |
Case Number | 4646 |
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