INDU BHUSAN BOSE versus RAMA SUNDARI DEVI & ANR.
Entry 3 of List I of the Seventh Schedule to the Constitution grants Parliament exclusive power to regulate house accommodation in cantonment areas, including all aspects of landlord-tenant relationships and control of rents, thus making State legislation on this subject ultra vires.
- Parties
- Appellant: Indu Bhusan Bose; Respondent No. 1: Rama Sundari Devi; Respondent No. 2: Union of India
- Jurisdiction
- India
- Judgment Date
- 29 April 1969
- Procedural Posture
- Civil Appeal / Supreme Court Appeal by Special Leave From Calcutta High Court
- Outcome
- appeal dismissed
- Legal Topics
- Legislative Competence, Regulation of House Accommodation, Cantonment Areas, Landlord Tenant Relationship
Case Brief
Summary, issues, holding and outcome
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Parties
Indu Bhusan Bose
Appellant
Rama Sundari Devi
Respondent No. 1
Union of India
Respondent No. 2
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Calcutta High Court
Legal Issues
- 1 Whether State legislature is competent to extend West Bengal Premises Tenancy Act to cantonment areas
- 2 Whether 'regulation of house accommodation in cantonment areas' in Entry 3 List I includes landlord-tenant relationships
Ratio Decidendi
Entry 3 of List I of the Seventh Schedule to the Constitution grants Parliament exclusive power to regulate house accommodation in cantonment areas, including all aspects of landlord-tenant relationships and control of rents, thus making State legislation on this subject ultra vires.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with costs payable to plaintiff respondent only.
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