Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | third proviso 1987: Section 14(3)(a)(i) Himachal Pradesh Urban Rent Control Act |
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 : Himachal Pradesh Urban Rent Control Act, 1987: Section 14(3)(a)(i), third proviso-Application and interpretation of- Held: Proviso is applicable when eviction order is passed under clause (a) or (b) and landlord obtains possession pursuant to that order-Proviso does not restrict right of landlord to be exercised only once in life time-It cannot mean that if requirement changes or new requirement unrelated to previous one comes into existence landlord would yet be denied relief under section. On facts, by way of compromise, exchange of accommodation, landlord in possession of another residential building without intervention of court Another eviction petition on ground of bonafide requirement-Held: Since parties entered into compromise, no eviction order passed-Landlords did not obtain possession of the building but tenant shifted from one part to another part of the same building-Tenant did not 'vacate' the building-Hence, third proviso inapplicable and landlord entitled to relief of eviction-Also first and second proviso inapplicable-Case of bonafide requirement under section 14(3)(a)(i) made out. Section 14(3)(a)(i), first and second proviso-Application of, when attracted-Discussed Interpretation of Statutes: Statutory provisions-Interpretation-Scope of-Held: Court is to interpret law with pragmatism and consistently with the demands of varying situation-Construction should be meaningful-legislative intent is to be found out and effectuated-It cannot be so interpreted as would cause oppression or be unjust. Rent Control legislation: Aim and purpose of-Discussed Words and Phrases : Vacate - Meaning of 'His own occupation' and 'sufficient cause '-Meaning of in the context of Section 14(3)(a)(i)' Himachal Pradesh Urban Rent Control Act, 1987: The question which arose for consideration in this appeal was when eviction order was passed in respect of first floor of the premises and during pendency of appeal by tenant, by compromise landlord came into possession of first floor but in lieu thereof inducted tenant into ground floor of same building without intervention of the Court, whether third proviso to section 14(3)(a)(i) of the Himachal Pradesh Urban Rent Control Act, 1987 would be attracted and landlord would not be entitled to relief of eviction. Both, the Rent Controller and the Appellate Authority, had directed tenant to be evicted. High Court relying on two judge Bench decision of this Court in Molar Mal's case held that the landlords had admittedly obtained the possession of another building on the same ground of bona fide requirement for his own occupation under section 14(3)(a)(i) of the Act and as against this very tenant, and as such third proviso to section 14(3)(a)(i) was attracted and the eviction petition by landlords was not maintainable. Hence the present appeal. Molar Mal's case being two Judge Bench decision of this Court, matter was referred to three Judge Bench of this Court for reconsideration of Molar Mal's case. |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2005 INSC 253 |
Petitioner | Kailash Chand And Anr. |
Respondent | Dharam Dass |
SCR | [2005] 3 S.C.R. 1182 |
Judgement Date | 2005-05-04 |
Case Number | 390 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |