LAWS(RAJ)-1982-2-16

SIYA SADAN Vs. SAGAR MAL

Decided On February 12, 1982
Siya Sadan Appellant
V/S
SAGAR MAL Respondents

JUDGEMENT

(1.) "Shocking scarcity of a chhappar, roof to rest", results in stretching of the bones on payment of Chopati Kalba Devi, Bada Bajar, Dharam Tala, Chandni Chowk, Panch Batti and Sojati Gate, the prestigious shopping Centres, exposing the gyprocratic flooded lights over dark dry shopping skeletons of poor, down trodden pavement dwellers India, have compelled the 'patrogonists of social justice' to adopt beneficial interpretation for protecting tenants from evictions under the Rent Control laws of the land. But the ingenuity of the legislators sat and resourceful segment of landlord lawyers want to overstep intention of the legislators and crusadors of 'social justice' by enacting 'Merchant of Venice and Portia' to make tenants defenceless and deprive them from the valuable right of defence against the ejectment, by hypertechnical interpretation of sub-sections (2), (3) and (5) of Section 13 of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950.

(2.) THE point of debate in the instant case therefore is between the interpretation of rent laws in consonance with 'social justice' against the hair splitting interpretation based on blind law by accepting "Pound of flesh and not a drop of blood", Shakespeare's Portia's obsolete and outdated classics.

(3.) DHARAM Shastras emphasised Dharam Yudh. Are we to revert back to stone age in space age by interpreting rule of law to mean denial of defence on hypertechnicalities, and hair splitting unreal and antisocial legal gimmics and gymnastics.