When can we say a citation is applicable /not applicable ?
Struggling Landlord
(Querist) 20 January 2015
This query is : Resolved
Sir,
I have an SC Judgment (attahced PDF 4422/2011) Guidelines for minimizing LL-Tenant Fair Rent Case.. I wanted to file this in lower court (Small Cause) in my Fair Rent case… (MhRent 1999 Act) but some senior advocates says :
1. Its not applicable since its derived from Hariyana Act …
2. Some says its derived from Eviction Case
3. Some says MhRent ACT has clear section for Fair Rent/Standard Rent so this Judgment is of no use …
Excerpts from SC Judg (Guide Lines for settling FR case says)
“21. According to our considered view majority of these cases are filed because landlords do not get reasonable rent akin to market rent, then on one ground or the other litigation is initiated. So before saying omega, we deem it our duty and obligation to fix some guidelines and norms for such type of litigation, so as to minimise landlord-tenant litigation at all levels ….. follows guidelines.. (attached pdf)
I am not lawyer but as per my belief law is for majority and based on common sense..and SC judgment is for all over India.. for (LL-Tenant----FRent litigations)
In majority of fair rent cases they were decided in favour of LL (since they litigate for more than 10 yrs) and the rent demanded by LL becomes meager while coming before HC/SC
So I think these guidelines are for lower court to decide at their level.. (then why this citation is not applicable in my fair rent case)
I am sharing on this site for your thought and advice…. Thanks in advance
T. Kalaiselvan, Advocate
(Expert) 22 January 2015
It is not necessary that all the rulings of the supreme court or high court are applicable to the case in hand. It may differ especially rent control cases differ from one state to another due to the prevalent local laws. Therefore discuss the case and see if you can find a high court judgement of your state to challenge the present case on that basis.
