Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the amended proviso to Section 28(1) of the Hyderabad Tenancy and Agricultural Lands Act, 1950, requiring intimation of each default within six months, applied to an ejectment proceeding initiated after the amendment came into force.
Analysis: The right asserted by the landlord was only a right to take advantage of the statutory remedy. Such a right does not become an accrued or vested right merely because earlier defaults had occurred. The application for possession was made after the amendment had come into force, and even the notice terminating the tenancy was issued after the amendment. In these circumstances, the amended proviso governed the proceeding.
Conclusion: The amended proviso applied, and the landlord could not succeed without compliance with the requirement of intimation within six months of each default.
Ratio Decidendi: A mere right to invoke a statutory remedy is not an accrued right, so an amendment affecting that remedy applies to proceedings commenced after the amendment unless a contrary intention is shown.