MANSOOR KHAN versus MOTIRAM HAREBHAN KHARA T AND ANR.

MANSOOR KHAN versus MOTIRAM HAREBHAN KHARA T AND ANR.

The Rent Control Order is not retrospective; it does not affect the validity or outcome of suits instituted prior to its coming into force. Courts retain power to pass eviction decrees in pending suits unaffected by the Order.

Parties
Appellant: Mansoor Khan; Respondent: Motiram Harebhan Kharat
Jurisdiction
India
Judgment Date
19 March 2002
Procedural Posture
Civil Appeal / Supreme Court Final Order
Outcome
Appeal dismissed
Legal Topics
Retrospectivity of Rent Control Order, Eviction Proceedings, Applicability of Rent Control Legislation
Rent and Eviction Retrospectivity of Rent Control Order Eviction Proceedings Applicability of Rent Control Legislation

Case Brief

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Parties

Mansoor Khan

Appellant

Motiram Harebhan Kharat

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Order

Legal Issues

  1. 1 Whether Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 applies retrospectively to pending eviction suits upon notification of the area as a Municipality
  2. 2 Whether Clause 13 of the Order restrains courts from passing eviction decrees in pending suits

Ratio Decidendi

The Rent Control Order is not retrospective; it does not affect the validity or outcome of suits instituted prior to its coming into force. Courts retain power to pass eviction decrees in pending suits unaffected by the Order.

Court Disposition

Appeal dismissed

Orders

  • Tenant-appellant allowed time till 30th June, 2002 to vacate the premises upon filing usual undertaking before executing court and clearing arrears of rent/charges within three weeks from order date