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Supreme Court of India 2017-02-13 disposed

Harkesh Chand vs Krishan Gopal Mehta & Ors

Bench: 2 — S.A. Bobde

In Brief

A tenant in Doiwala town, Dehradun, challenged eviction based on a notice issued on 19 September 1972. The landlord claimed the old Rent Control Act of 1947 had lapsed when a new Act came into force on 15 July 1972. The Supreme Court held that a notification extending the 1947 Act to Doiwala town (issued 31 March 1949) remained in force even after the Act's repeal, under Section 24 of the General Clauses Act. Since the new Act contained identical tenant protections and no express intention to remove prior area coverage, the notification continued uninterrupted. The eviction notice was therefore invalid. The tenant was permitted to retain possession for three years on payment of rent.

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Rent Control Tenancy Law Eviction Property Law Statutory Interpretation General Clauses Act Notifications Landlord and Tenant

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