Naeem Bano Alias Gaindo vs Mohammad Rahees
Judges (2)
Case Significance
Naeem Bano Alias Gaindo vs Mohammad Rahees is a Supreme Court of India decision dated November 22, 2024 (citation: insc-2024-1000). The landlord challenged a High Court order that stayed proceedings in a tenant eviction case pending a reference to a larger bench regarding the interplay between UP state amendments and the Parliamentary amendment to Section 106 of the Transfer of Property Act. The Supreme Court set aside the impugned order, holding that under the proviso to Article 254(2) of the Constitution, the 2002 Parliamentary amendment to Section 106 impliedly repeals the earlier UP state amendment, and directed the H The bench comprised Justices B.V. Nagarathna and N. Kotiswar Singh. The judgment was delivered by Justice B.V. Nagarathna.
Summary
The landlord challenged a High Court order that stayed proceedings in a tenant eviction case pending a reference to a larger bench regarding the interplay between UP state amendments and the Parliamentary amendment to Section 106 of the Transfer of Property Act. The Supreme Court set aside the impugned order, holding that under the proviso to Article 254(2) of the Constitution, the 2002 Parliamentary amendment to Section 106 impliedly repeals the earlier UP state amendment, and directed the High Court to decide the tenant's petition on merits.
What was the outcome of Naeem Bano Alias Gaindo vs Mohammad Rahees?
The landlord challenged a High Court order that stayed proceedings in a tenant eviction case pending a reference to a larger bench regarding the interplay between UP state amendments and the Parliamen...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (insc-2024-1000)