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march 2008

Supreme Court of India · 2008-03-27

Municipal Council, Udaipur vs Mahendra Kumar

Citation / case number
AIR 2008 SUPREME COURT 2507
Court
Supreme Court of India
Petitioner
Municipal Council, Udaipur
Respondent
Mahendra Kumar
Author
Arijit Pasayat
Bench
Arijit Pasayat, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court held that the Rajasthan Rent and Premises (Control of Rent Eviction) Act, 1950 does not apply to local authority properties, allowing eviction under Section 106 of the Transfer of Property Act, 1882. The Court found that the agreement dated 8.11.1980 was a license for a limited period, which automatically terminated, and thus the respondent could not claim continued occupancy or challenge the unilateral increase in rent. The High Court's decision to enhance the rent was deemed erroneous, leading to the appeal being allowed in favor of the appellant.

Municipal Council, Udaipur vs Mahendra Kumar · Niyam