other law or contract, no order or decree for the recovery of possession of any premises shall be made by any court or Controller ... prescribed manner, make an order for the recovery of possession of the premises on one or more of the following grounds only, namely: - (a) that
contrary in any other law, no order or decree for the recovery of possession of any premises shall be made by any Court in favour ... shall be made parties to any suit or proceeding for the recovery of possession of the premises by the landlord: Provided that except in cases
amount deposited before the date of filing an application for the recovery of possession of the premises from the tenant. (3) If the rent ... other law or contract, no order or decree for the recovery of possession of any premises shall be made by the Court, District Judge
interpretation of.
HEADNOTE:
A landlord can make an application for recovery of
possession under . Clause (e) of the proviso ... facts as would
disentitle the landlord From obtaining on order for recovery
possession" of the premises on the ground specified
amount deposited before the date of filing an application for the recovery of possession of the premises from the tenant. (3) If the rent ... possession of which he intends to recover. Explanation. - For the purpose of this sub-section, sections 22, 23 and 24 immediate possession shall mean possession
possession made by Presidency Small Cause Court-
" Decree for recovery of possession "-Construction of
statutes-Mistakes of legislature.
HEADNOTE:
The expression " decree ... recovery of possession " in s.
18 (1), of the West Bengal Premises Rent Control (Temporary
Provisions) Act (Act XVII of 1950) does not include
licensor and licensee, or a
landlord and tenant, relating to the recovery of possession of any
immovable property situated in Greater Bombay, or relating ... tenant;
(iii) such suit or proceeding must relate to the recovery of possession of
any property situated in Greater Bombay; or
(iv) relating
existing law, the licensor had to go to different
Courts for recovery of possession and licence fee and that the intention of
the Legislature ... contained Sections 41
to 46 conferring limited jurisdiction of recovery of possession of
immoveable property on Small Causes Court giving summary remedy for
recovery
correct, might have disentiled the landlords from obtaining the recovery of possession. While coming to this conclusion the Rent Controller, inter alia, observed that ... other law or contract, no order or decree for the recovery of possession of any premises shall be made by any court or Controller
Section 25B(8)
provides that when "an order for the recovery of possession
of any premises" has been made by the Controller ... though it was
747
an order not directing but by refusing recovery of
possession of the premises in dispute. [756 G-H]
The non-obstante
