Indian Kanoon - Search engine for Indian Law

"The rent legislation is normally intended for the benefit of the tenants. At the same time, it is well settled that the benefits conferred on the tenants through the relevant statutes can be enjoyed only on the basis of strict compliance with the statutory provisions. Equitable consideration has no place in such matters."

41. The Hon'ble Supreme Court also pointed out another well settled principle that if an act is required to be performed by a private person within a specified time, the same would ordinarily be mandatory but when a public functionary is required to perform a public function within the time frame, the same will be held to be directory unless the consequences therefor are specified. The Hon'ble Supreme Court has also pointed out the principles of statutory interpretation that a statutory direction to private individual is generally considered as mandatory while rule is opposite to that which obtains with respect to public officers. A mandatory or directory construction to a statutory provision may be determined by an expression in the statute itself of the result that shall follow for non-compliance.