DILIP versus MOHD. AZIZUL HAQ AND ANR.

DILIP versus MOHD. AZIZUL HAQ AND ANR.

The High Court erred in holding that no proceedings were pending against the tenant at the time of the amendment. The appeal is a continuation of the suit, and thus clause 13-A of the Order, though prospective, applies to pending appeals and has retroactive effect. The amendment on the statute book at the time of the pending proceeding cannot be ignored.

Parties
Appellant: Dilip; Respondent No. 1: Mohd. Azizul Haq; Respondent No. 2: Unknown (Anr.)
Jurisdiction
India
Judgment Date
14 March 2000
Procedural Posture
Civil Appeal / Decision on Appeal; Remand to High Court
Outcome
Appeal allowed; High Court's order set aside; matter remitted to High Court for fresh consideration in accordance with law.
Legal Topics
Eviction, Retrospective and Prospective Operation of Statutes, Definition of Premises
Rent Control Civil Procedure Eviction Retrospective and Prospective Operation of Statutes Definition of Premises

Case Brief

Summary, issues, holding and outcome

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Parties

Dilip

Appellant

Mohd. Azizul Haq

Respondent No. 1

Unknown (Anr.)

Respondent No. 2

Procedural Posture

Civil Appeal / Decision on Appeal; Remand to High Court

Legal Issues

  1. 1 Applicability of clause 13-A of the C.P. and Berar Letting of Houses and Rent Control Order, 1949 to pending appeals.
  2. 2 Whether 'premises' includes open land under the amended order.
  3. 3 Retroactive or retrospective effect of the amendment inserting clause 13-A.

Ratio Decidendi

The High Court erred in holding that no proceedings were pending against the tenant at the time of the amendment. The appeal is a continuation of the suit, and thus clause 13-A of the Order, though prospective, applies to pending appeals and has retroactive effect. The amendment on the statute book at the time of the pending proceeding cannot be ignored.

Court Disposition

Appeal allowed; High Court's order set aside; matter remitted to High Court for fresh consideration in accordance with law.

Orders

  • Order of the High Court set aside.
  • Matter remitted to the High Court for fresh decision in accordance with law.