Supreme Court · 1961 INSC 170 · Decided 21 April 1961

Gorkha Ram and Others v. The Custodian General of India, Delhi

Court
Supreme Court of India
Citation
1961 INSC 170 · [1962] 2 S.C.R. 151
Case number
CIVIL APPEAL No. 340/1958
Decided
21 April 1961
Bench
K. SUBBA RAO, RAGHUBAR DAYAL, J.R. MUDHOLKAR (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 226; Rent Control Act Section 38

Headnote

SUPREME COURT REPORTS 151 contains a non obstante clause on the same lines as I96I s. 38 of the Rent Control Act. The result therefore would be that the provisions of the special enactment, Jyoti Pershad as the Act is, will in respect of the buildings in areas Adminis;;ator fo• declared slum substance, particularly when it is seen Ayyangar J. that it is only when a decree for eviction is obtained thats. 19 of the Act comes into play. We therefore consider that none of the points urged in support of the petition has any substance. The petitions fail and are dismissed. In the

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