Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent Control and Eviction - Notice for termination of tenancy |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Rent Control and Eviction - Notice for termination of tenancy of shop - Vis. 106 of Transfer of Property Act - Issued in September 1972 - Suit for eviction filed in October 1972 - Dismissed by trial c court on the ground that tenancy was protected by United Provinces (Temporary) Control of Rent and Eviction Act, 1947 - Order of'·· .. trial court confirmed by Revisional Court - In writ petition High Court held that on 15th July 1972 the 1947 Act was repealed and the special notification [under new Act i.e. Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972} D covering the area in question was issued on 23" 1 January 1973, thus there was no protection of tenancy between 15'' July 1972 and 23" 1 January 1973 and hence the notice terminating the tenancy was valid - On appeal, held: The 1947 Act was made applicable to the area in question by notification dated 31" March 1949 - By E virtue of s. 24 of Uttar Pradesh General Clauses Act,· 1904, the notification dated 31" March 1949 continued to exist even after the 1947 Act was repealed upon reenactment of the 1972 Act - Hence, the suit is untenable - However, in the facts and circumstances of the case as well as in the interest of justice, tenant directed to hand-over the possession of the premises in question to F the land-lord after a period of three years. |
Judge | Honble Mr. Justice Sharad Arvind Bobde |
Neutral Citation | 2017 INSC 128 |
Petitioner | Harkesh Chand |
Respondent | Krishan Gopal Mehta & Ors. |
SCR | [2017] 2 S.C.R. 285 |
Judgement Date | 2017-02-13 |
Case Number | 1778 |
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