Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1950 – s.14(3) – Interpretation of – Held: s.14(3) is for the protection of a tenant – Rajasthan Premises (Control of Rent and Eviction) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Rajasthan Premises (control of Rent and Eviction) Act, 1950 (17 of 1950) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rajasthan Premises (Control of Rent and Eviction) Act, 1950– s.14(3) – Interpretation of – Held: s.14(3) is for the protection ofa tenant – The objective is that from the date a tenant acquires aright, he must have a right to continue in the premises for a periodof five years, subject to fulfillment of the terms and conditions ofthe lease – In the present case, while the suit may have beendefectively instituted within five years of the tenancy, more than 38years have now elapsed since the suit was filed – This passage oftime beyond the period of five years would wash away the initialimpediment against the suit – To say that the landlord-appellantshould now, once again, restart the proceedings because the initialperiod of five years had not elapsed, even as now 38 years haveelapsed, would be a travesty of justice – It would be a mockery ofjustice to make the parties to go through another round in the secondappeal – Furthermore, the 1950 Act itself was abrogated in theyear 2001, with a new statute i.e. 2001 Act, which does not createany similar bar – Judgment of High Court set aside – Decree ofeviction passed by the first appellate court, affirmed – Respondenttenantto hand over vacant and physical possession of the tenantedpremises – Rajasthan Rent Control Act, 2001 – Tenancy. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2023 INSC 615 |
Petitioner | Ravi Khandelwal |
Respondent | M/s. Taluka Stores |
SCR | [2023] 10 S.C.R. 587 |
Judgement Date | 2023-07-11 |
Case Number | 4364 |
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