Determination of Fair Rent / The Revival of Ray XXXIX

Appellants placed strong reliance on the Minority Judgment [Paragraphs 25-30] in M/s. Raval, (1974) 1 SCC 424 delivered by Hon’ble Justice P.N. Bhagwati. Respondents contended, the reliance on the Minority Judgment is misplaced.

The moot question to be answered is whether during currency of contractual tenancy i.e. during the currency of agreed rent between the landlord and the tenant whether landlord is precluded from making an application for determination of fair rent. We are bound by the Majority Opinion of the Constitution Bench in M/s. Raval.

V. Dhanapal Chettiar, (1979) 4 SCC 214 quoted M/s. Raval with approval.

“In our opinion the Majority (speaking through Hon’ble Justice Alagiriswami) was undoubtedly correct and the Minority stretched the law, if we may say so with respect, too far.”

Constitution Bench Judgment in M/s. Raval as well as Seven-Judge Bench Judgment in V. Dhanapal Chettiar are binding which categorically has laid down that application for determination of fair rent can be made both by the landlord and tenant, even during currency of contractual tenancy.”

Hon’ble Justice Ashok Bhushan, N. Motilal v. Faisal Bin Ali, [Civil Appeal No. 710 of 2020].

My Lord, Judges in M/s. Raval, (1974) 1 SCC 424?

Five.

Minority Judgment (2): Hon’ble Judges K.K. Mathew and P.N. Bhagwati.

Majority Judgment (3): Hon’ble Judges H.R. Khanna and A. Alagiriswami. Hon’ble Chief Justice of India, Hon’ble Justice A.N. Ray.