MIS. AMBALAL SARABHAI ENTERPRISES LTD. versus MIS. AMRIT LAL AND CO. AND ANR.

MIS. AMBALAL SARABHAI ENTERPRISES LTD. versus MIS. AMRIT LAL AND CO. AND ANR.

Section 6 of the General Clauses Act, 1897 applies to the repeal made by the amendment to the Delhi Rent Control Act; pending eviction proceedings before the Rent Controller at time of repeal are not affected and may continue to conclusion as if the Act were still in force.

Parties
Appellant: Ambalal Sarabhai Enterprises Ltd.; Respondent: Amrit Lal and Co.
Jurisdiction
India
Judgment Date
27 August 2001
Procedural Posture
Civil Appeal / Supreme Court Appeal From Delhi High Court
Outcome
Appeals dismissed
Legal Topics
Rent Control, Eviction, Jurisdiction, Statutory Interpretation, Repeal and Savings
Property Law Rent Control Eviction Jurisdiction Statutory Interpretation Repeal and Savings

Case Brief

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Parties

Ambalal Sarabhai Enterprises Ltd.

Appellant

Amrit Lal and Co.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Delhi High Court

Legal Issues

  1. 1 Effect of Section 3(c) Delhi Rent Control Act on pending eviction proceedings
  2. 2 Whether landlord or tenant is relegated to common law after statutory protection is withdrawn
  3. 3 Whether eviction grounds constitute landlord's vested right

Ratio Decidendi

Section 6 of the General Clauses Act, 1897 applies to the repeal made by the amendment to the Delhi Rent Control Act; pending eviction proceedings before the Rent Controller at time of repeal are not affected and may continue to conclusion as if the Act were still in force.

Court Disposition

Appeals dismissed

Orders

  • Respondent-landlord must withdraw one of the two parallel proceedings within six weeks.
  • Costs on the parties.