The High Court has returned a finding that the Rent Act will
prevail over the Act. However, we are unable to agree with
this observation. Both the statutes are enacted by the State
of Karnataka. The Act deals with the municipal functions
which are wider and welfare-oriented towards the residents of
the area of Corporation, whereas the Rent Act has a limited
application for determining the rights of land owner and tenant.
Both operate in separate spheres as both have different
objectives to be achieved.{Para 38}
40. In Allahabad Bank v. Canara Bank & Anr19, this Court held
that there can be a situation in law where the same statute is
treated as a special statute vis-à-vis one legislation and again
as a general statute vis-à-vis another legislation. Between
the Act and the Rent Act, the Act is a general statute enacted
as a third tier of local Government administration. The functions
of the Corporation, inter alia, includes the regulation
and maintenance of the land and building, hygiene and
health, public streets and other for a larger section of the inhabitants
falling in the municipal area, whereas the Rent Act
deals with the issues between the landlord and the tenant
conferring right to the landlord to seek eviction and correspondingly
provide protection to the tenant. Therefore, the
finding of the High Court that Rent Act would prevail over the
Act is clearly erroneous as both legislations operate in separate
distinct spheres having different objectives in mind.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 1833 OF 2008
ABDUL KHUDDUS Vs H.M. CHANDIRAMANI (DEAD) THR LRS. & ORS.
Author: HEMANT GUPTA, J.
Dated: SEPTEMBER 14, 2021.
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