JAI NARAIN versus KISHEN CHAND

JAI NARAIN versus KISHEN CHAND

Since the area is subjected to the Slum Areas (Improvement and Clearance) Act, 1956 (mentioned in section 54), the first proviso to section 57(2) does not apply; hence, the case must be governed by the repealed Delhi and Ajmer Rent Control Act, 1952.

Parties
Appellant: Jai Narain; Respondent: Kishen Chand
Jurisdiction
India
Judgment Date
27 February 1969
Procedural Posture
Civil Appeal / Appeal by Special Leave From Review Order of High Court
Outcome
Appeal dismissed
Legal Topics
Eviction, Statutory Interpretation, Transition of Rent Acts
Property Law Rent Control Eviction Statutory Interpretation Transition of Rent Acts

Case Brief

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Parties

Jai Narain

Appellant

Kishen Chand

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Review Order of High Court

Legal Issues

  1. 1 Whether the first proviso to section 57(2) of the Delhi Rent Control Act, 1958 applies to premises governed by the Slum Areas (Improvement and Clearance) Act, 1956 in pending proceedings commenced under the Delhi and Ajmer Rent Control Act, 1952

Ratio Decidendi

Since the area is subjected to the Slum Areas (Improvement and Clearance) Act, 1956 (mentioned in section 54), the first proviso to section 57(2) does not apply; hence, the case must be governed by the repealed Delhi and Ajmer Rent Control Act, 1952.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs