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2001 Supreme(SC) 1168

A.R.MISRA, D.P.MOHAPATRA
Ambalal Sarabhai Enterprises LTD. – Appellant
Versus
Amrit Lal And Company – Respondent


Judgement Key Points

What is the effect of the 1988 amendment to the Delhi Rent Control Act on pending eviction proceedings and the jurisdiction of Rent Controller vs Civil Court? What is the status of a landlord's or tenant's vested rights under the Rent Act when protective provisions are withdrawn, and how does Section 6 of the General Clauses Act apply to pending proceedings? Can a ground of eviction based on illegal subletting under Section 14(1)(b) of the Delhi Rent Control Act be construed as a vested right for a landlord in the context of pending proceedings?

What is the effect of the 1988 amendment to the Delhi Rent Control Act on pending eviction proceedings and the jurisdiction of Rent Controller vs Civil Court?

What is the status of a landlord's or tenant's vested rights under the Rent Act when protective provisions are withdrawn, and how does Section 6 of the General Clauses Act apply to pending proceedings?

Can a ground of eviction based on illegal subletting under Section 14(1)(b) of the Delhi Rent Control Act be construed as a vested right for a landlord in the context of pending proceedings?


JUDGMENT

Misra, J.-Leave granted.

2. It is unfortunate, an eviction petition which was filed on the 13th September 1985 still the parties are battling to find which court would have the jurisdiction. Whether the court of Rent Controller under Delhi Rent Control Act or ordinary Civil Court having jurisdiction over the subject matter in issue? As discipline and culture in every walk of life is essential for smooth functioning in all its activities, similarly judicial culture and discipline has to be followed in order to achieve the desired result viz. to give litigant justice in the shortest period of time. Every legislation legislates for the benefit of its subject but many a times, raising issues for every thing and stretching it too long percolates the very objective for which it is made. With the increasing complexities of laws coupled with faulty legislation, using inappropriate language, a stress is created which the courts through its judicial interpretations have been attempting to simplify it. In spite of this the hope for an early adjudication has been eluding like a mirage. With the advancement of legal studies there is sharpening of the acumen of advocacy. Every word of a s









































































































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