Friday, 17 September 2021

Whether rent control Act will prevail over Municipal Act?

 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.

Read full Judgment here: Click here

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