SARWAN SINGH & ANR. versus KASTURI LAL

SARWAN SINGH & ANR. versus KASTURI LAL

Sections 14A and Chapter IIIA of the Delhi Rent Control Act override ss. 19 and 39 of the Slum Areas Act. The landlord's right to immediate possession under s. 14A prevails, and no permission of the competent authority under the Slum Clearance Act is required before instituting eviction proceedings under the special summary procedure. Later legislation with explicit overriding provisions must be given effect, and the object and purpose support this construction.

Parties
Appellant: Sarwan Singh; Respondent: Kasturi Lal
Jurisdiction
India
Judgment Date
14 December 1976
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 6th September, 1976 of the Delhi High Court in C. R. No. 390/76
Outcome
Appeal dismissed
Legal Topics
Non Obstante Clauses, Priority Among Statutes, Eviction of Tenants in Slum Areas, Summary Procedure for Eviction, Government Accommodation
Rent Control Slum Laws Statutory Interpretation Non Obstante Clauses Priority Among Statutes Eviction of Tenants in Slum Areas Summary Procedure for Eviction Government Accommodation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Sarwan Singh

Appellant

Kasturi Lal

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 6th September, 1976 of the Delhi High Court in C. R. No. 390/76

Legal Issues

  1. 1 Whether the provisions of the Slum Areas (Improvement and Clearance) Act, 1956 override those of the Delhi Rent Control Act, 1958 regarding eviction of tenants.
  2. 2 Whether landlord entitled to immediate possession under s. 14A of Delhi Rent Act must obtain permission under s. 19 of the Slum Clearance Act before instituting eviction proceedings.

Ratio Decidendi

Sections 14A and Chapter IIIA of the Delhi Rent Control Act override ss. 19 and 39 of the Slum Areas Act. The landlord's right to immediate possession under s. 14A prevails, and no permission of the competent authority under the Slum Clearance Act is required before instituting eviction proceedings under the special summary procedure. Later legislation with explicit overriding provisions must be given effect, and the object and purpose support this construction.

Court Disposition

Appeal dismissed

Orders

  • Judgment of the High Court upheld
  • No order as to costs