SHAFAIT ALI Vs. SHIVA MAL

JUDGEMENT

(1.) This is an appeal by special leave against the judgment and order dated the 16th March, 1982 of the High Court of Delhi in Civil Revn. No. 147 of 1982 directing eviction of the premises in question under S. 14(1)(e) of the Delhi Rent Control Act on the ground of bona fide requirement of the landlord. The special leave was sought for and obtained from this Court on the ground that Civil Appeal No. 1051/81 and special leave petition (civil) No. 2290/82 were pending at that time. It appears that the said appeal has been disposed of by this Court in Ravi Dutt Sharma v. Ratan Lal Bhargava (1984) 2 SCR 614 where this Court held that Ss. 14A, 14(1)(e), 25A, 25B and 25C of the Delhi Rent Control Act are special provisions so far as the landlord and tenant are concerned and further in view of the non obstante clause in the section these provisions override the existing law so far as the new procedure is concerned. In that view of the matter we are of the opinion that the Slum Areas (Improvement and Clearance) Act, 1956 would have no application in cases covered by Ss. 14A and 14(1)(e) of the Delhi Rent Control Act especially in view of the provisions which were added by the Amending Act of 1976.

(2.) This Court held that there is no difference either on principle or in law between Ss. 14(1)(e) and 14A of the Rent Act even though these two provisions relate to eviction of tenants under different situations.

(3.) This Court further held that in view of the procedure in Chapter IIIA of the Rent Act, the Slum Act is rendered inapplicable to the extent of inconsistency and it is not, therefore, necessary for the landlord to obtain permission of the Competent Authority under S. 19(1)(a) of the Slum Act before instituting a suit for eviction and coming within S. 14(1)(e) or 14A of the Rent Act.