GURCHARAN SINGH & ORS . versus V. K. KAUSHAL

GURCHARAN SINGH & ORS . versus V. K. KAUSHAL

The sub-letting by Gurcharan Singh in 1967, though before the Act was in force in Ambala Cantonment, must be deemed as after the commencement of the Act owing to the retrospective extension of the Act under the 1972 amendment. The Central Government had valid statutory authority to extend the Act retrospectively, and the subsequent 1974 notification was a valid exercise of a distinct statutory power conferred by the amendment. Therefore, the eviction order was maintainable.

Parties
Appellant: Gurcharan Singh & Ors.; Respondent: V. K. Kaushal
Jurisdiction
India
Judgment Date
21 August 1980
Procedural Posture
Civil Appeal / Appeal by Special Leave Against the Judgment and Order Dated 14th December 1977 of the Punjab and Haryana High Court in Civil Revision No. 613/74
Outcome
Appeal dismissed with costs.
Legal Topics
Extension of Rent Control Laws, Sub Letting by Tenant, Retrospective Operation of Statutes
Rent Control Tenancy Law Constitutional Law Extension of Rent Control Laws Sub Letting by Tenant Retrospective Operation of Statutes

Case Brief

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Parties

Gurcharan Singh & Ors.

Appellant

V. K. Kaushal

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave Against the Judgment and Order Dated 14th December 1977 of the Punjab and Haryana High Court in Civil Revision No. 613/74

Legal Issues

  1. 1 Whether there was evidence of sub-letting by the tenant under section 13(2)(ii)(a) of the East Punjab Urban Rent Restriction Act, 1949.
  2. 2 Whether the landlord could invoke the 1949 Act for sub-letting alleged to have occurred before the Act's extension to Ambala Cantonment.
  3. 3 Validity and scope of retrospective extension of the 1949 Act to cantonments by Central Government under the Cantonments (Extension of Rent Control Laws) Act, 1957, as amended in 1972.

Ratio Decidendi

The sub-letting by Gurcharan Singh in 1967, though before the Act was in force in Ambala Cantonment, must be deemed as after the commencement of the Act owing to the retrospective extension of the Act under the 1972 amendment. The Central Government had valid statutory authority to extend the Act retrospectively, and the subsequent 1974 notification was a valid exercise of a distinct statutory power conferred by the amendment. Therefore, the eviction order was maintainable.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed.
  • The eviction order is upheld.