Supreme Court of India · 1967-03-01
BANT SINGH GILL vs SHANTI DEVI & ORS.
- Citation / case number
- SC 1966/60199
- Court
- Supreme Court of India
- Petitioner
- BANT SINGH GILL
- Respondent
- SHANTI DEVI & ORS.
- Bench
- BACHAWAT, R.S.
Judgment text excerpt
The Supreme Court held that the right of appeal in a suit for ejectment under the Delhi & Ajmer Rent Control Act, 1952 is governed by Section 34 of the 1952 Act, despite the applicability of the Delhi Rent Control Act, 1958. The Court clarified that the saving clause in Section 57(2) of the 1958 Act allows for the continuation of proceedings under the 1952 Act, while also requiring consideration of the 1958 Act's provisions. However, since the trial court's order was not final, the appeal was not maintainable under Section 34 of the 1952 Act, leading to the dismissal of the appeal.