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B. V. NAGARATHNA, N. KOTISWAR SINGH
Naeem Bano Alias Gaindo – Appellant
Versus
Mohammad Rahees – Respondent
ORDER :
Leave granted.
2. Being aggrieved by the Order dated 18.11.2022 passed in Matters under Article 227 No.8207 of 2017, the appellant/landlord is before this Court. By the impugned order, the High Court stated that since there is a matter under Article 227 No.5718 of 2019, which has to be answered by a larger Bench of the High Court by way of a reference and which has a bearing on the case, the interim order is continued until further orders. A direction was issued that the matter may be considered after the answer is given by the larger Bench, referred to above. Being aggrieved by the said order, the appellant, who is the landlord, has preferred this appeal.
3. We have heard learned counsel for the respective parties and perused the material on record.
4. Learned counsel for the appellant submitted that it is not known as to when the larger Bench would answer the questions referred to it on a reference. However, having regard to Article 254 of the Constitution of India, particularly the proviso to Sub-clause 2 of Article 254, the amendment made by the Parliament by Section 2 of Act 3 of 2003, whereby Section 106 of the Transfer of Property Act, 1882 (for short, “the T.P. Act”) ha
Parliamentary amendments to laws in the Concurrent List prevail over State amendments due to implied repeal under Article 254 of the Constitution.
The legislative framework of rental laws must adapt to socio-economic changes while maintaining fundamental tenant rights to mitigate unbalanced power dynamics between landlords and tenants.
Point of Law : No tenure-holder except with the permission in writing of the Settlement Officer Consolidation previously obtained shall transfer by way of sale, gift or exchange his holding or any pa....
The presumption of constitutionality and the necessity of challenging legislation in a properly constituted writ petition.
Agreements to sell land under the Gujarat Tenancy Act, 1948, without prior Collector approval are invalid and unenforceable, making related suits for specific performance unmaintainable.
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