UNION OF INDIA versus NARESHKUMAR BADRIKUMAR JAGAD & ORS.

UNION OF INDIA versus NARESHKUMAR BADRIKUMAR JAGAD & ORS.

By operation of the amended Section 3 of the 1995 Act (w.e.f. 1st April, 1994), statutory or protected tenancy rights in the suit property vest in the Central Government, rendering the decree and undertakings against NTC unenforceable. The Trust (landlord) must seek remedy against the Central Government as per relevant rent legislation for possession of the suit property.

Parties
Review Petitioner: Union of India; Respondents: Nareshkumar Badrikumar Jagad & Ors.
Jurisdiction
India
Judgment Date
28 November 2018
Procedural Posture
Review Petition (c) Diary No. 40966 of 2013 in Civil Appeal No. 7448 of 2011 / Supreme Court Order Disposing of Review, Contempt, and Applications
Outcome
Review petition, contempt petition, and other applications disposed of. Delay condoned; liberty granted to Trust to pursue legal remedy under rent legislation or revive contempt action if Validation Act struck down; no order as to costs.
Legal Topics
Retrospective Legislation, Enforceability of Decrees, Nationalisation of Textile Undertakings, Tenant Rights, Remedy Against Statutory Tenant
Property Law Tenancy Law Landlord Tenant Law Statutory Interpretation Retrospective Legislation Enforceability of Decrees Nationalisation of Textile Undertakings Tenant Rights +1 more

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Parties

Union of India

Review Petitioner

Nareshkumar Badrikumar Jagad & Ors.

Respondents

Procedural Posture

Review Petition (c) Diary No. 40966 of 2013 in Civil Appeal No. 7448 of 2011 / Supreme Court Order Disposing of Review, Contempt, and Applications

Legal Issues

  1. 1 Whether subsequent legislative amendments and validation Acts render unenforceable decrees and undertakings against NTC regarding possession of suit premises
  2. 2 Who is the real protected/statutory tenant post-amendment for purposes of eviction and remedy
  3. 3 Whether the remedy of review is available to third parties in proceedings

Ratio Decidendi

By operation of the amended Section 3 of the 1995 Act (w.e.f. 1st April, 1994), statutory or protected tenancy rights in the suit property vest in the Central Government, rendering the decree and undertakings against NTC unenforceable. The Trust (landlord) must seek remedy against the Central Government as per relevant rent legislation for possession of the suit property.

Court Disposition

Review petition, contempt petition, and other applications disposed of. Delay condoned; liberty granted to Trust to pursue legal remedy under rent legislation or revive contempt action if Validation Act struck down; no order as to costs.

Orders

  • Application for condonation of delay in filing review petition allowed
  • Application for additional grounds in review allowed