GYAN CHAND versus K. B. LAL AND OTHERS

GYAN CHAND versus K. B. LAL AND OTHERS

Proceedings before the Supreme Court by way of special leave under Article 136 do not amount to an 'appeal' or 'proceeding' within the meaning of section 13A of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, as the provisions of section 13A are intended to apply only to proceedings under the ordinary hierarchy of courts as provided by the Act. The benefit of the statutory protection thereby does not extend to the Supreme Court's appellate jurisdiction by special leave.

Parties
Appellant: Gyan Chand; Respondent: K. B. Lal
Jurisdiction
India
Judgment Date
06 December 1976
Procedural Posture
Civil Appeal / Appeal by Special Leave Following High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Rajasthan Premises (control of Rent and Eviction) Act Section 13 a, Appeals by Special Leave, Scope of Statutory Protection for Tenants, Interpretation of 'appeal' Under State Act
Landlord and Tenant Civil Procedure Constitutional Law Rajasthan Premises (control of Rent and Eviction) Act Section 13 a Appeals by Special Leave Scope of Statutory Protection for Tenants Interpretation of 'appeal' Under State Act

Case Brief

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Parties

Gyan Chand

Appellant

K. B. Lal

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave Following High Court Judgment

Legal Issues

  1. 1 Whether an application for or appeal by special leave to the Supreme Court is an 'appeal' within the meaning of section 13A of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 as amended
  2. 2 Whether the benefit of Section 13A (c) extends to appeals by special leave before the Supreme Court

Ratio Decidendi

Proceedings before the Supreme Court by way of special leave under Article 136 do not amount to an 'appeal' or 'proceeding' within the meaning of section 13A of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, as the provisions of section 13A are intended to apply only to proceedings under the ordinary hierarchy of courts as provided by the Act. The benefit of the statutory protection thereby does not extend to the Supreme Court's appellate jurisdiction by special leave.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs