NATHIA AGARWALLA & ANOTHER versus MUSST. JAHANARA BEGUM & OTHERS

NATHIA AGARWALLA & ANOTHER versus MUSST. JAHANARA BEGUM & OTHERS

The protection under Section 5(1)(a) of the Assam Non-Agricultural Urban Areas Tenancy Act, 1955 is not available in respect of decrees for ejectment already obtained; the section was intended to operate on pending suits, not execution proceedings.

Parties
Appellant: Nathilal Agarwalla; Respondent: Musst. Jahanara Begum
Jurisdiction
India
Judgment Date
15 March 1966
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment of Assam High Court in Execution Proceedings
Outcome
Appeal dismissed
Legal Topics
Protection of Tenants From Eviction, Application of Assam Non Agricultural Urban Areas Tenancy Act 1955 to Execution Proceedings, Rights of Landlords and Tenants
Property Law Tenancy Law Protection of Tenants From Eviction Application of Assam Non Agricultural Urban Areas Tenancy Act 1955 to Execution Proceedings Rights of Landlords and Tenants

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Parties

Nathilal Agarwalla

Appellant

Musst. Jahanara Begum

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment of Assam High Court in Execution Proceedings

Legal Issues

  1. 1 Whether Section 5(1)(a) of Assam Non-Agricultural Urban Areas Tenancy Act, 1955 applies to pending execution proceedings for ejectment decrees obtained before the Act's commencement

Ratio Decidendi

The protection under Section 5(1)(a) of the Assam Non-Agricultural Urban Areas Tenancy Act, 1955 is not available in respect of decrees for ejectment already obtained; the section was intended to operate on pending suits, not execution proceedings.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs.