DESHRAJ versus AKHTAR HUSSAIN

DESHRAJ versus AKHTAR HUSSAIN

A notice previously given prior to institution of the first suit sufficed for the purposes of instituting a fresh suit under the new Accommodation Control Act; s. 7(2) does not require a fresh notice to be given after the Act came into force. The order of the Rent Controller was prospective and jurisdiction thereafter vested in the Rent Controller, not the civil court.

Parties
Appellant: Deshraj; Respondent: Akhtar Hussain
Jurisdiction
India
Judgment Date
12 September 1960
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated March 31, 1954, of the Former Madhya Bharat High Court in Civil Revision No. 183 of 1952
Outcome
Appeal allowed
Legal Topics
Fixation of Rent, Notice Requirement, Jurisdiction, Retrospective and Prospective Operation of Orders
Rent Control Civil Procedure Fixation of Rent Notice Requirement Jurisdiction Retrospective and Prospective Operation of Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Deshraj

Appellant

Akhtar Hussain

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated March 31, 1954, of the Former Madhya Bharat High Court in Civil Revision No. 183 of 1952

Legal Issues

  1. 1 Whether a fresh notice under s. 7(2) of the Accommodation Control Act (M.P. 15 of 1950) was necessary before instituting a fresh suit under the Act after the original plaint was returned due to lack of jurisdiction.
  2. 2 Whether the order of the Rent Controller could operate retrospectively from the date of the lease.
  3. 3 Whether the civil court had jurisdiction to return the plaint after coming into force of the Act.

Ratio Decidendi

A notice previously given prior to institution of the first suit sufficed for the purposes of instituting a fresh suit under the new Accommodation Control Act; s. 7(2) does not require a fresh notice to be given after the Act came into force. The order of the Rent Controller was prospective and jurisdiction thereafter vested in the Rent Controller, not the civil court.

Court Disposition

Appeal allowed

Orders

  • The judgment and order of the High Court set aside
  • Order of the trial court restored