Search Results Page

Search Results

1 - 10 of 22 (0.30 seconds)
Surjeet Kaur Tuli vs Union Of India on 1 November, 2001 cites

State Of U.P. And Anr. vs Phool Chand Agarwal And Anr. on 27 January, 1982

33. Both the cases State of U.P. and Anr. v. Phool Chand Aggarwal and Anr. (supra) and Shyam Kishore v. U.O.I. & Ors. (supra) relied upon by the petitioner are distinguishable on facts and law. In both the cases the question for determination before the court was whether any lease of an immovable property could be created between the Union of India/State and a landlord in transgression of the mandatory requirement of Article 299(1) of the Constitution of India. It was laid down in both the judgments that if the contract of lease has not been executed in accordance with Article 299(1) of the Constitution of India no valid lease comes into existence and there is no relationship of landlord and tenant between the parties. Therefore, the landlord has a right to evict the Union of India/State by filing of a civil suit for recovery of possession etc. Herein the facts are that the Union of India entered into the premises as a tenant under a valid contract of tenancy executed in accordance with Article 299(1) of the Constitution of India and after the lease was determined, it continued to be in its occupation on account of its being protected under the provisions of DRC Act. It is the protection which the law had given to the tenant and the Union of India is no exception. It is still a tenant as defined under clause (1) of Section 2 of the Act. Its eviction could be sought only in accordance with Section 14 of the DRC Act. No Tribunal or Court could direct ejectment of the Union of India otherwise than resort to this provision. Section 50 of the DRC Act is a clear bar to the jurisdiction of any Tribunal or Civil Court not appointed as a Rent Controller of Additional Rent Controller or the Rent Tribunal in accordance with the provisions of the DRC Act.
Allahabad High Court Cites 8 - Cited by 23 - Full Document
1   2 3 Next