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 Dismissed |
Headnote | Rent Control and Eviction:Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960:Sections 12 and 5-Recovery of tenancy premises by landlord for repair, alteration, addition or for reconstruction-Tenant's re-entry into possession-Effect of-Held: Tenant re-enters into possession under the original tenancy on same terms and conditions on which he was occupying the building before handing over the possession to landlord-Tenants' obligation to make payment of rent which remain suspended for the period of non-occupation is revived as before-However, if the premises is altered, added or improved, revision of rent is permissible but landlord cannot insist on revision of rent as a condition precedent to re-entry by tenant.Section 12(1) and (2)-Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Rules, 1961-Rule 23-Order of Controller directing tenant to deliver possession of building to landlord-Tenant exercising his right of re-entry seeking enforcement of Controller's order-Nature of such application and limitation for-Held: Tenant's application for re-entry is not an application for execution of any order in his favour, hence does not come under Rule 23 but would be governed by Article 137-Limitation period is three years from the date specified by Controller-If no time is appointed by Controller, tenant must exercise his right to recover possession within reasonable time-Tenant who allows time to lapse or fails to avail the offer given by landlord within reasonable time, would not be allowed relief by Controller despite application being within limitation-Limitation Act, 1963- Article 137.Construction of Statutes-Internal aids-Heading of section or title-Reliance upon-Held: Heading or title have a limited role-In case of conflict between plain language of the provision and the meaning of heading or title, latter would not control the meaning clearly and plainly discernible from the language of the provision. |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2004 INSC 258 |
Petitioner | Raichurmatham Prabhakar And Anr |
Respondent | Rawatmal Dugar |
SCR | [2004] 3 S.C.R. 1130 |
Judgement Date | 2004-04-12 |
Case Number | 2152-2153 |
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