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1984 Supreme(Gau) 101

K.N.SAIKIA, B.L.HANSARIA, T.N.SINGH
Ram Akhaibat Upadhay – Appellant
Versus
Srikrishna Prasad Shah and others – Respondent


Advocates Appeared:
P.K. Goswami, J.P. Bhattacharjee and D.R. Dey

Judgement

Dr. T. N. SINGH, J.:- What precisely has fallen for the consideration of this Bench is the interpretation of the term "reasonable improvements" to be found in S.5(1)(b) of the Assam Non-Agricultural Urban Areas Tenancy Act, 1955, for short the Act or 1955 Act. We may however quote the relevant provisions of both clauses of sub-s. (1) to appreciate the underlying legislative intent of the concerned provision and the term used therein.

5. Protection from eviction-

(1) Notwithstanding anything in any contract or in any law for the time being in force-

(a) Where under the terms of a contract entered into between a landlord and his tenant whether before or after the commencement of this Act, a tenant is entitled to build, and has in pursuance of such terms actually built within the period of five years from the date of such contract, a permanent structure on the land of the tenancy for residential or business purposes, or where a tenant not being so entitled to build, has actually built any such structure on the land of the tenancy for any of the purposes aforesaid within the knowledge and acquiescence of the landlord, the tenant shall not be ejected by the landlord from the tenan
























































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