Breaking Supreme Court of India Advocates Balanced Approach to Diwali Firecracker Regulations
New Delhi · Saturday, 07 November 2026
Free Law - free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2017-02-13 disposed

Harkesh Chand vs Krishan Gopal Mehta & Ors

Bench: 2 — S.A. Bobde

In Brief

A tenant challenged his eviction from a shop in Doiwala town after the landlord issued a termination notice in September 1972 under the Transfer of Property Act. The central issue was whether tenant protections under the repealed 1947 Rent Act, extended to Doiwala by a 1949 notification, survived until a new 1972 Rent Act was extended to the area in 1973. The Supreme Court held that Section 24 of the U.P. General Clauses Act preserved the 1949 notification through the legislative gap, as it was consistent with the re-enacted 1972 Act's protective purpose. The termination notice was therefore invalid and the eviction suit untenable. The court directed the tenant to vacate after three years, paying Rs. 4,000 monthly rent until then.

The lawyer headnote and full judgment text are available to registered users.

Landlord and Tenant Rent Control Transfer of Property Statutory Interpretation General Clauses Act Continuation of Statutory Instruments Eviction

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login