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Supreme Court of India 2020-01-30 dismissed

N. MOTILAL & ORS vs FAISAL BIN ALI & ANR

Bench: 2 — Ashok Bhushan, M.R. Shah

In Brief

The appellants, as tenants of a non-residential shop in Hyderabad, challenged the High Court's dismissal of their civil revision petition against the fixing of fair rent by the Rent Controller. They argued that during the subsistence of their original lease contract (1990–2010), the landlord had no right to apply for fair rent enhancement in 2009. The Supreme Court held that Section 4 of the Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960 grants both landlords and tenants the right to seek fair rent fixation even during contractual tenancy, following the binding precedents in M/s. Raval & Co. and V. Dhanapal Chettiar. The Court dismissed the appeal, upholding that rent control legislation protects both parties' interests.

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Rent Control Law Tenancy Law Commercial Lease Fair Rent Fixation

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