SARWAN SINGH & ANR. versus KASTURI LAL

Citation: [1977] 2 S.C.R. 421 · Decided: 14-12-1976 · Supreme Court of India · Bench: Y.V. CHANDRACHUD, P.K. GOSWAMI, S. MURTAZA FAZAL ALI · Disposal: Dismissed
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Judgment (excerpt)

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/ 
SARWAN SINGH & ANR. 
v. 
KASTURI LAL 
December 14, 1976 
fY. V. CHANDRACHUD, P.K. GOSWAMI AND S. MURTAZA 
FAZAL Au JJ.] 
421 
Slum Areas (Improvement and Clearance) Act, 1956- Ss. 19 and 39-
Delhi Rent Control Act, 1958-Ss. 14A, 25A, 25B-scope of. 
Interpretation-Two or more laws in the same field--Conflict-How resolv-
ed. 
A 
B 
Section 19 of the Slum Areas (lmprovement and Clearance) Act 1956 pro-
C 
vides that notwithstanding anything contained in any other Jaw for the bime 
being in force, no person shall, except with the previous permission in writing 
of the competent authority, institute any suit or proceeding for obtaining any 
decree or order for the eviction of a tenant· from any building in a slum area. 
Section 39 enacts that the provisions of the Act shall have effect notwithstand-
ing anything inconsistent therewith· contamed in any other law. 
Section 14A 
and Chapter IIIA called "Summary Trial of certam applications" containing 
ss. 25A, 25B and 250 were introduced into' the Delhi Rent Control Act with 
effect from December 1, 1975. Section 14A provides that where the landlord 
D 
who, being in occupation of res1denual premises allotted to him by the Central 
Government, was reqmred to vacate such residential accommodation on 
the 
ground that he owns residential accommodation within the Union Territory, 
there shall accrue to such landlord, notwithstanding anything contained in the 
Act or any other law for the time being in force, a nght to recover immediately 
possession of any premises let out by him. 
Section 25A provides (i) that the 
provisions of Chapter IHA shall have an over-riding effect over every other 
provision of the Delhi Rent Act which is inconsistent with anything contain-
E 
ed in Chapter IIIA and (ii) that the provisions of Chapter IIIA shall 
have 
over-nding effect over anything inconsistent therewith contained in any other 
Jaw. 
Section 25-B prescribes special procedure for the disposal of applications 
for eviction. 
Section 54 provides· that nothing in the Act shall affect the pro-
visions of the Slum Areas (Improvement and Clearance) Act, 1956. 
The respondent who was allotted government quarters in New Delhi was 
called upon by the Government to vacate the ·quarters on the ground that he 
owned a residential house in Delhi. 
Since he did not vacate the quarters before 
F 
the time given he was asked to pay a high penal rent. 
His application undec 
s. 14A of the Delhi Rent Control Act for eviCtion of the appellants, who were 
the tenants of the premises, was contested by them on the ground that since 
the house had been situated in a slum area, the respondent was not entitled to 
possession because he had not obtained permission of the competent authority 
under s. 19 of the Slum Clearance Act. This plea was i:ejected. 
Their revi-
sion application was reiected by the High Court. 
In appeal it was contended that the Slum Clearance Act being a special 
G 
Act its provisions must have precedence over the provisions of the Delhi Rent 
Act and to deny precedence to the former Act in matters arising 
out 
of 
s. l 4A and Chapt~r IlIA was to repeal that Act by implication. 
Dismissing the appeal, 
HELD : The provisions· of s. 14A ru:id Chapter IIIA of the 
Rent Control 
Act must prevail over those contained in ss. 19 and 39 of the Slum Clearance 
H 
Act. f434 Gl 
1 (a) By virtue of the first part of s. 25A, the provisions of Chapter IlIA 
must prevail over the provisions of s. 54 of the Delhi Rent Act. 
To the extent 
422 
SUPREME COURT REPORTS 
[1977] 2 S.C.R. 
A 
to. which s. 54. saves the operation of the Slum Clearance Act, it is inconsistent 
with. the J?roVISlons ~f Chapter IIIA which prescribes a special procedure for 
deahng wJth apphcahons for eviction filed under cl. (e) of the proviso 
to 
s. 14(1) or under s. 14A of the Delhi Rent Act [430 F] 
B 
c 
D 
E 
F 
G 
H 
( b) By virtue. of the second part of s. 25A also the provisions of Chapter 
IIIA would prevail over those of the Slum Clearance Act. 
Sections 19 and 39 
of the Slum Clearance Act are to that extent inconsistent with the procedure 
prescribed by Chapter IIIA of the Delhi Rent Act and have to be subordinated 
to it. [ 430 G] 
2(a) The object of s. 14A 1s to confer a right on certain landlords to recover 
"immediate possession of premises" belonging to them and which are in 
the 
possession of their tenants. Such a right is ''to accrue" to a class of persons. 
The same c.oncept i~ clari~ed by providing
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