9911796707
TMI Blog2014 (2) TMI 1413X X X X Extracts X X X X X X X X Extracts X X X X ..... lied upon also do not deal with the aspect of retrospectivity and being protected under the welfare legislation. The eviction proceedings initiated against the Appellant will stand set aside - Appeal allowed. - Civil Appeal No. 2878 of 2014 (Arising from SLP (C) No. 21436/2012) - - - Dated:- 25-2-2014 - H.L. Gokhale and Kurian Joseph, JJ. For the Appellant: Harin P. Raval, Sr. Adv., Nikhil Goel, Marsook Bafaki and Naveen Goel, Advs. For the Respondent: Vikas Singh, Sr. Adv., Suruchi Aggarwal, Deepika Kalia and Kapish Seth, Advs. ORDER 1. Leave granted. 2. We have heard Mr. Harin P. Raval, learned senior counsel in support of this appeal and Mr. Vikas Singh, learned senior counsel appearing for the Respondents. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... apable of terminating the tenancy by mere service of the notice. That submission was specifically rejected by the Estate Officer by relying upon the judgment of this Court in Ashoka Marketing Limited and Anr. v. Punjab National Bank and Ors. reported in (1990) 4 SCC 406. 6. Mr. Raval submits that the said plea was reiterated before the District Judge, and it is reflected in paragraph 5 of the order of the District Judge. Thereafter, this plea has been raised before the learned Single Judge, and also in the Special leave petition before this Court. Mr. Raval has drawn the attention of this Court to the judgment in the case of Dr. Suhas H. Pophale v. Oriental Insurance Co. Limited reported in 2014 (2) SCALE 223. In this judgment, to which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emises concerned since 1.7.1958, i.e., prior to the date when the Public Premises Act became applicable, and in spite of that their submissions have been rejected by the Constitution Bench. This being the position, in his submission, the view taken by a Bench of two Judges in the case of Dr. Suhas H Pophale (supra) is erroneous. We have noted this submission of Mr. Vikas Singh. In paragraph 47 of the judgment in the case of Dr. Suhas H. Pophale, this Court has referred to the judgment in the case of Jain Ink Manufacturing Co. v. L.I.C. reported in (1980) 4 SCC 435, and has observed that the issue of protection under a welfare legislation being available to the tenant prior to the premises becoming public premises, and the issue of retrospec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, the Bombay Rent Act qua the properties of the Government and government companies would be inoperative. For this purpose, language of Article 254(1) is unambiguous and specifically provides that if any provision of law made by the legislature of the State is repugnant to the provision of law made by Parliament, then the law made by Parliament whether passed before or after the law made by the legislature of the State, would prevail. It also makes it clear that the law made by the legislature of the State, to the extent of repugnancy, would be void. 10. As seen from paragraph 40, quoted above, the judgment clearly says that the Bombay Rent Act would not prevail qua the repugnancy between it and the Public Premises Eviction Act. That as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr. Raval has taken instructions, and has very fairly stated that the Appellant is agreeable to continue to pay this amount, though otherwise the recorded rent is only Rs. 183/- per month. The Appellant has been paying this amount, as per the order passed by this Court on 6.8.2012 and shall continue to pay that amount, hereinafter by way of rent. Mr. Raval has however sought that the Appellant shall pay this rent regularly, but it should get some protection, inasmuch as he is agreeing to pay this substantial higher amount. Mr. Vikas Singh has taken instructions and he states that the Appellant will be allowed to continue in the premises, at least, for a period of 12 (twelve) years, provided the Appellant pays the monthly rent regularly, wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
