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    <title>1951 (7) TMI 26 - CALCUTTA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=297221</link>
    <description>A rent control amendment protecting tenants during an acute housing shortage was upheld as a reasonable restriction in the public interest, and its retrospective operation in pending proceedings was sustained. The Court also construed &quot;decree for recovery of possession&quot; broadly to include an order of the Presidency Small Cause Court, avoiding an irrational distinction between similarly placed tenants. Relief remained available even where the order followed a confession of judgment, because the underlying basis was still default in rent payment rather than a true voluntary settlement. The result was that the amendment was valid, the statutory protection applied to Small Cause Court orders, and the tenants&#039; applications succeeded.</description>
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    <pubDate>Mon, 30 Jul 1951 00:00:00 +0530</pubDate>
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      <title>1951 (7) TMI 26 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=297221</link>
      <description>A rent control amendment protecting tenants during an acute housing shortage was upheld as a reasonable restriction in the public interest, and its retrospective operation in pending proceedings was sustained. The Court also construed &quot;decree for recovery of possession&quot; broadly to include an order of the Presidency Small Cause Court, avoiding an irrational distinction between similarly placed tenants. Relief remained available even where the order followed a confession of judgment, because the underlying basis was still default in rent payment rather than a true voluntary settlement. The result was that the amendment was valid, the statutory protection applied to Small Cause Court orders, and the tenants&#039; applications succeeded.</description>
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      <pubDate>Mon, 30 Jul 1951 00:00:00 +0530</pubDate>
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