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Supreme Court of India 2022-04-12 dismissed

Shankarlal Nadani vs Sohanlal Jain

Bench: 2 — Hemant Gupta

In Brief

A tenant's father originally leased a shop in Suratgarh, and the tenancy continued in the tenant's name after his death. The landlord filed suit for possession in 2013 when the premises were outside the municipal area. During the suit's pendency, rent control legislation was extended to the area, effective May 2015. The civil court passed a decree for possession in May 2015, which the tenant challenged, arguing the court lost jurisdiction once the rent control act applied. The Supreme Court held that rights crystallize on the filing date; a suit validly instituted before rent control legislation applies can be decided by the civil court and the decree validly executed. The legislation is not retrospective and does not affect pending suits unless it expressly prohibits their continuation."

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Tenancy Law Rent Control Legislation Eviction Civil Procedure Jurisdiction Property Law

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