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TMI Blog2002 (7) TMI 17X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of the court was delivered by R. JAYASIMHA BABU J.-This court had earlier negatived the plea of the petitioner that it is entitled to the protection of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (Act No. 18 of 1960), and that its tenancy in respect of 400 square feet in the ground floor of premises 109 and 110, Mount Road, cannot be brought to an end by making an order under section 269UD(1) followed by a demand under section 269UD(2) of the Income-tax Act, 1961, for delivery of possession. Subsequently, the apex court set aside that judgment and remitted the case for disposal afresh. While so doing, the apex court has in paragraph 11 of the judgment reported in Adair Dutt and Co. India Private Limited v. Appropriate A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a seven judge Bench of the apex court in the case of Hari Singh v. Military Estate Officer, AIR 1972 SC 2205. A Constitution Bench of the apex court in the case of Ashoka Marketing Ltd. v. Punjab National Bank [1992] 74 Comp Cas 482; [1990] 4 SCC 406, considered the question as to which of two special enactments, viz., rent control legislation passed by the State or Union Territory and the Central law, both dealing with eviction, would prevail in respect of the premises owned by the Central Government. The two Acts examined in that case were the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, and the Delhi Rent Control Act, 1958 (Act 59 of 1958). The court held that where both the Acts are special enactments, the purpose, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... try 32 of List I, it is unnecessary to examine the scope of entry 18 of List III". It is, therefore, clear that though the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, does not specifically exclude buildings owned by the Union Government from its purview, by reason of the fact that the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, would become applicable to this building on and after an order in respect of that building was made under Chapter XX-C of the Income-tax Act, 1961, as a consequence of which order the building vests in the Union of India, the State law governing eviction will cease to apply to this building. An order made under section 269UD and other provisions of the Income-tax Act does not alwa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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