NANDLAL AND OTHERS versus MOTI LAL

NANDLAL AND OTHERS versus MOTI LAL

The 1949 notification applied to all municipalities in the State, and its benefits extended to municipalities constituted after its issuance, including Tirodha, which became a municipality on June 12, 1956. No fresh notification was needed. Thus, clause 13 protection was available to appellants, and the High Court erred in holding otherwise.

Parties
Defendant Appellant: Nandlal and Others; Plaintiff Respondent: Moti Lal
Jurisdiction
India
Judgment Date
01 August 1977
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment of Bombay High Court (nagpur Bench) Dated 16 12 1974 in S.a. No. 195165
Outcome
Appeal allowed; impugned judgment set aside; decree of first appellate court dismissing the plaintiff's suit restored with costs throughout.
Legal Topics
Rent Control, Eviction, Municipal Law
Tenancy Law Rent Control Eviction Municipal Law

Case Brief

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Parties

Nandlal and Others

Defendant Appellant

Moti Lal

Plaintiff Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment of Bombay High Court (nagpur Bench) Dated 16 12 1974 in S.a. No. 195165

Legal Issues

  1. 1 Whether the provisions of clause 13 of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 apply to municipalities constituted after notification dated July 26, 1949.

Ratio Decidendi

The 1949 notification applied to all municipalities in the State, and its benefits extended to municipalities constituted after its issuance, including Tirodha, which became a municipality on June 12, 1956. No fresh notification was needed. Thus, clause 13 protection was available to appellants, and the High Court erred in holding otherwise.

Court Disposition

Appeal allowed; impugned judgment set aside; decree of first appellate court dismissing the plaintiff's suit restored with costs throughout.

Orders

  • Impugned judgment and order of the High Court dated December 16, 1974 set aside.
  • Decree of the Court of first appeal dismissing the plaintiff's suit restored with costs throughout.