Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Textile Undertakings (Nationalisation) Laws (Amendment and Validation) Act 2014 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Textile Undertakings (nationalisation) Laws (amendment and Validation) Act, 2014 (36 of 2014) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Textile Undertakings (Nationalisation) Laws (Amendment andValidation) Act, 2014 – ss.5,6,7,8 – Effect of – Original suit landowners executed lease deed for 99 years which was to expire on21.10.1990 – A structure was erected to house a cotton mill on theproperty – Thereafter, property was vested in a public charitabletrust and the respondents are the present trustees of the said Trust –Suit land was leased to ‘P’ Mills for the residue of the unexpiredperiod of lease – Textile Undertakings Act, 1983 was enacted totake over the management of textile undertakings including ‘P’ Mills,pending their nationalization – Lease granted in favour of ‘P’ Millsexpired by efflux of time, however, it continued to occupy the suitproperty as a protected or statutory tenant in terms of Bombay Rents,Hotels and Lodging House Rates Control Act, 1947 – Trust issued alegal notice to appellant-National Textile Corporation Ltd. (NTC)terminating its tenancy qua the suit property – Textile Undertaking(Nationalisation) Act, 1995 came into force on 01.04.1994 – The1947 Act stood repealed by the Maharashtra Rent Control Act, 1999– Trust filed a suit under the Transfer of Property Act, 1882 onlyagainst the appellant-NTC, which was decreed in favour of Trustand appellant-NTC was directed to hand over the vacant andpeaceful possession of the suit premises – Appellate Court affirmedthe judgment and decree of the trial Court – Appeal was dismissedby the Supreme Court – Review Petition by Union of India – Duringthe pendency of review petition, the Validation Act 2014 came intoeffect – Review Petitioner contended that subsequent legislationhas completely altered the status of the parties retrospectively quathe suit property with effect from 01.04.1994 by legal fiction, as aresult of which the cause of action against NTC as referred to in thesubject suit had become non-existent – Held: S.3 of the 1995 Actstands amended by virtue of the 2014 Act – Now, as per the amendeds.3 of the 1995 Act w.e.f. 01.04.1994, by operation of law thestatutory or protected tenancy rights of ‘P’ Mills in respect of thesuit property stood transferred to and vested in the CentralGovernment and it continues to so vest in it and that the decreeagainst NTC including the undertaking given by NTC has beenrendered unenforceable by a legal fiction – As a result, the Trustbeing the landlord is obliged to take recourse to remedy against theCentral Government (Union of India) to get back possession of thesuit property, as per the dispensation specified in the concernedC Rent Legislation – Textile Undertakings Act, 1983 – Bombay Rents,Hotels and Lodging House Rates Control Act, 1947 – TextileUndertaking (Nationalisation) Act, 1995 – s.3 – Maharashtra RentControl Act, 1999 – Transfer of Property Act, 1882 – s.111.Review – Remedy of – Third party to the proceeding – Held:D s.114 and Or.XLVII of CPC states that any person considering himselfaggrieved can file a review petition – Further, neither Or.XLVII ofCPC nor Or.XLVII of the Supreme Court Rules limits the remedy ofreview only to the parties to the judgment under review – Therefore,even a third party to the proceedings, if he considers himself anaggrieved person, may take recourse to the remedy of review petitionE – Code of Civil Procedure, 1908 – s.114 and Or.XLVII – SupremeCourt Rules – Or.XLVII. |
Judge | N/A |
Neutral Citation | 2018 INSC 1114 |
Petitioner | Union Of India |
Respondent | Nareshkumar Badrikumar Jagad & Ors. |
SCR | [2018] 14 S.C.R. 239 |
Judgement Date | 2018-11-28 |
Case Number | 7448 |
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