SHYAM CHARAN versus SHEOJI BHAI & ANOTHER

SHYAM CHARAN versus SHEOJI BHAI & ANOTHER

The definition of 'tenant' under the Madhya Pradesh Accommodation Control Act, 1961 does not apply to suits for eviction filed under the Transfer of Property Act prior to the commencement of the 1961 Act. Therefore, the appellant's occupation after termination of the lease was unauthorised and wrongful, and the decree for mesne profits from May 22, 1960 to October 4, 1964 was justified. The rate of damages at Rs. 4,000/- was properly determined.

Parties
Appellant: Shyam Charan; Respondent No. 1: Sheoji Bhai; Respondent No. 2: Another
Jurisdiction
India
Judgment Date
12 October 1977
Procedural Posture
Civil Appeal / Appeal by Certificate From Judgment and Decree of the Madhya Pradesh High Court Affirming the Final Decree of Mesne Profits
Outcome
Appeal dismissed
Legal Topics
Mesne Profits, Retrospective Application of Statute
Landlord Tenant Tenancy Law Mesne Profits Retrospective Application of Statute

Case Brief

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Parties

Shyam Charan

Appellant

Sheoji Bhai

Respondent No. 1

Another

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal by Certificate From Judgment and Decree of the Madhya Pradesh High Court Affirming the Final Decree of Mesne Profits

Legal Issues

  1. 1 Whether the definition of 'tenant' under the Madhya Pradesh Accommodation Control Act, 1961 applies retrospectively to proceedings initiated under the Transfer of Property Act before its commencement
  2. 2 Whether mesne profits could be awarded for the period between termination of tenancy and the passing of eviction decree
  3. 3 Appropriateness of quantum of damages awarded as mesne profits

Ratio Decidendi

The definition of 'tenant' under the Madhya Pradesh Accommodation Control Act, 1961 does not apply to suits for eviction filed under the Transfer of Property Act prior to the commencement of the 1961 Act. Therefore, the appellant's occupation after termination of the lease was unauthorised and wrongful, and the decree for mesne profits from May 22, 1960 to October 4, 1964 was justified. The rate of damages at Rs. 4,000/- was properly determined.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs in this Court