IDUL HASAN & ORS. versus RAJINDRA KUMAR JAIN

A suit for eviction based on material alterations under Section 3(1)(c) filed before the repeal of the 1947 Act retains its validity and is concluded under the old Act due to Section 43(2)(s) of the 1972 Act. The landlord's right to evict, crystallized at the time of suit, persists despite repeal.

Parties: Appellant: Idul Hasan & Ors.; Respondent: Rajindra Kumar Jain
Jurisdiction: India
Judgment Date: 01 September 1989
Procedural Posture: Civil Appeal / Appeal From Allahabad High Court (second Appeal No. 1235 of 1974)
Outcome: Appeal dismissed
Legal Topics: Eviction, Material Alteration, Effect of Statutory Repeal

Landlord Tenant Property Law Eviction Material Alteration Effect of Statutory Repeal

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 2 Authorities cited 6 Party arguments 2

Parties

Idul Hasan & Ors.

Appellant

Rajindra Kumar Jain

Respondent

Procedural Posture

Civil Appeal / Appeal From Allahabad High Court (second Appeal No. 1235 of 1974)

Legal Issues

1 Whether the tenants are liable to eviction under Section 3(1)(c) of the U.P. (Temporary) Control of Rent and Eviction Act, 1947 for material alterations.
2 Whether rights crystallized under the repealed Act remain enforceable after the enactment of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Tenants shall not be evicted until 30th September 1990 provided usual undertaking stating they are in possession is given by each appellant within four weeks of the date of judgment.
In default of filing undertaking, decree executable forthwith.