NANAKRAM ETC. versus KUNDALRAI ETC.

NANAKRAM ETC. versus KUNDALRAI ETC.

A lease concluded between a landlord and tenant in violation of clause 22 of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 is not void as between the parties unless the statutory authority takes proceedings for eviction. The notification of exemption under clause 30 operates prospectively and does not render previous leases void retrospectively. Concurrent findings of fact as to creation of tenancy and vacancy are not disturbed under Article 136.

Parties
Appellant: Nanakram; Respondent: Kundalbai
Jurisdiction
India
Judgment Date
29 April 1986
Procedural Posture
Civil Appeal / Appeal From Bombay High Court Decision (writ Petition and Suit)
Outcome
Appeals allowed
Legal Topics
Validity of Lease, Contravention of Rent Control Order, Retrospective Exemption, Concurrent Findings of Fact
Landlord and Tenant Rent Control Validity of Lease Contravention of Rent Control Order Retrospective Exemption Concurrent Findings of Fact

Case Brief

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Parties

Nanakram

Appellant

Kundalbai

Respondent

Procedural Posture

Civil Appeal / Appeal From Bombay High Court Decision (writ Petition and Suit)

Legal Issues

  1. 1 Whether a lease concluded in contravention of clause 22 of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 can be assailed by the landlord as a void transaction in proceedings between the parties to the lease
  2. 2 Whether notification of exemption under clause 30 operates retrospectively or prospectively
  3. 3 Whether concurrent findings of lower courts on creation of tenancy and vacancy can be interfered with under Article 136

Ratio Decidendi

A lease concluded between a landlord and tenant in violation of clause 22 of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 is not void as between the parties unless the statutory authority takes proceedings for eviction. The notification of exemption under clause 30 operates prospectively and does not render previous leases void retrospectively. Concurrent findings of fact as to creation of tenancy and vacancy are not disturbed under Article 136.

Court Disposition

Appeals allowed

Orders

  • Appellate order of Appellate Authority and Bombay High Court order in Civil Appeal No. 5317 of 1983 set aside insofar as they find the lease void.
  • Judgment and decree of Bombay High Court in Civil Appeal No. 1200 of 1979 set aside; suit filed by respondent dismissed.