Full Judgment Text
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PETITIONER:
SHAFAIT ALl THROUGH SUPREME COURTLEGAL AID COMMITEE
Vs.
RESPONDENT:
SHIVA MAL (DEAD) BY LRS.
DATE OF JUDGMENT31/07/1987
BENCH:
MUKHARJI, SABYASACHI (J)
BENCH:
MUKHARJI, SABYASACHI (J)
OZA, G.L. (J)
CITATION:
1988 AIR 214 1987 SCR (3) 689
1987 SCC (3) 728 1987 SCALE (2)186
CITATOR INFO :
R 1988 SC 214 (1)
ACT:
Delhi Rent Control Act, 1958--ss. 14(1)(e), 14A, 25A,
25B and 25C--Whether special provisions--ss. 14(1)(e) and
14A--Whether any difference between them either on principle
or in law--Proceedings under ss. 14(1)(e) and 14A--Whether
Slum Areas (Improvement and Clearance) Act, 1956
applicable--Whether permission of Competent Authority under
ss. 19(1)(a) necessary before instituting suit for eviction.
HEADNOTE:
The Appellant was ordered to be evicted under s.
14(1)(e) of the Delhi Rent Control Act, 1958 on the ground
of bona fide requirement of the landlord.
Dismissing the Appeal, to this Court,
HELD: 1. Sections 14A, 14(e), 25A, 25B and 25C of the
Delhi Rent Control Act, 1958, are special provisions so far
as the landlord and tenant are concerned and further in view
of the non-obstante clause in the section these provisions
over-ride the existing law so far as the new procedure is
concerned. Therefore, the Slum Areas (Improvement and Clear-
ance) Act, 1956, would have no application in cases covered
by ss. 14A and 14(1)(e) of the Rent Act especially in view
of the provisions which were added by the Amending Act of
1976. [690D-F]
2. There is no difference either on principle or in law
between s. 14(1)(e) and 14A of the Rent Act even though
these two provisions relate to eviction of tenants under
different situations. [690F]
3. In view of the procedure in Chapter III-A of the
Rent Act, the Slum Act is rendered inapplicable to the
extent of inconsistency and it is not necessary for the
landlord to obtain permission of the Competent Authority
under s. 19(1)(a) of the Slum Act before instituting a suit
for eviction and coming within s. 14(1)(e) or 14A of the
Rent Act. [690G-H]
JUDGMENT:
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2047 of
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2
1982.
690
From the Judgment and Order dated 16.3. 1982 of the
Delhi High Court in Civil Rev. No. 147 of 1982.
W.A. Quadri and Kailash Mehta for the Appellant.
M.C. Dhingra for the Respondents.
The Judgment of the Court was delivered by
SABYASACHI MUKHARJI, J. This is an appeal by special
leave against the judgment and order dated the 16th March,
1982 of the High Court of Delhi in Civil Revision No. 147 of
1982 directing eviction of the premises in question under
Section 14(1)(e) of the Delhi Rent Control Act on the ground
of bonafide requirement of the landlord. The special leave
was sought for and obtained from this Court on the ground
that Civil Appeal No. 1051/81 and special leave petition
(civil) No. 2290/82 were pending at that time. It appears
that the said appeal has been disposed of by this Court in
Ravi Dutt Sharma v. Ratan Lal Bhargava, [1984] 2 S.C.R. 614
where this Court held that Sections 14A, 14(e), 25A, 25B and
25C of the Delhi Rent Control Act are special provisions so
far as the landlord and tenant are concerned and further in
view of the non-obstante clause in the section these provi-
sions override the existing law so far as the new procedure
is concerned. In that view of the matter we are of the
opinion that the Slum Areas (Improvement and Clearance) Act,
1956 would have no application in cases covered by Sections
14A and 14(1)(e) of the Delhi Rent Control Act especially in
view of the provisions which were added by the Amending Act
of 1976.
This Court held that there is no difference either on
principle or in law between section 14(1)(e) and 14A of the
Rent Act even though these two provisions relate to eviction
of tenants under different situations.
This Court further held that in view of the procedure in
Chapter IIIA of the Rent Act, the Slum Act is rendered
inapplicable to the extent of inconsistency and it is not,
therefore, necessary for the landlord to obtain permission
of the Competent Authority under Section 19(1)(a) of the
Slum Act before instituting a suit for eviction and coming
within Section 14(1)(e) or 14A of the Rent Act. In the
premises the appeal fails and is dismissed. There will be no
order as to costs.
691
The decree for eviction shall not be executed before
30.11.87 provided the appellant files an undertaking in the
usual form within four weeks from today.
A.P.J. Appeal
dismissed.
692