QUDRAT ULLAH versus MUNICIPAL BOARD, BAREILLY

QUDRAT ULLAH versus MUNICIPAL BOARD, BAREILLY

The contracts executed were composite, amounting to leases with respect to shops and sheds, and licence regarding pavements and patris. The statutory protection as tenant under the U.P. (Temporary) Control of Rent and Eviction Act, 1947 was co-terminus with the life of that Act; after repeal or expiry, no further protection or right persists. Relief must be moulded according to the superseding Rent Control Law, with eviction permissible only for unprotected portions.

Parties
Appellant and Defendant (legal Representative of Original Defendant Habibullah): Qudrat Ullah; Respondent and Plaintiff: Municipal Board, Bareilly
Jurisdiction
India
Judgment Date
29 November 1973
Procedural Posture
Civil Appeal Nos. 1727 1728 of 1968 / Appeal From Judgment and Order Dated 29th September 1964 of the Allahabad High Court in First Appeal No. 320 of 1955
Outcome
C.A. 1727 of 1968 dismissed; C.A. 1728 of 1968 allowed; parties to bear their own costs throughout.
Legal Topics
Lease Vs Licence, Temporary Statutes, Eviction Proceedings, Repeal and Savings
Property Law Landlord Tenant Law Statutory Interpretation Lease Vs Licence Temporary Statutes Eviction Proceedings Repeal and Savings

Case Brief

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Parties

Qudrat Ullah

Appellant and Defendant (legal Representative of Original Defendant Habibullah)

Municipal Board, Bareilly

Respondent and Plaintiff

Procedural Posture

Civil Appeal Nos. 1727 1728 of 1968 / Appeal From Judgment and Order Dated 29th September 1964 of the Allahabad High Court in First Appeal No. 320 of 1955

Legal Issues

  1. 1 Whether the contract was a lease or licence or a composite nature
  2. 2 Whether the defendant is entitled to protections under the U.P. (Temporary) Control of Rent and Eviction Act, 1947
  3. 3 Effect of repeal and replacement of the 1947 Act on rights under that Act

Ratio Decidendi

The contracts executed were composite, amounting to leases with respect to shops and sheds, and licence regarding pavements and patris. The statutory protection as tenant under the U.P. (Temporary) Control of Rent and Eviction Act, 1947 was co-terminus with the life of that Act; after repeal or expiry, no further protection or right persists. Relief must be moulded according to the superseding Rent Control Law, with eviction permissible only for unprotected portions.

Court Disposition

C.A. 1727 of 1968 dismissed; C.A. 1728 of 1968 allowed; parties to bear their own costs throughout.

Orders

  • Eviction decree granted by the High Court, except for certain portions of the pavement, was correct.
  • Relief adjusted in light of the repeal; no further statutory tenant protection after statute expiry.