Legal Question in Landlord & Tenant Law in India

Can a tenent apply for shop rennovation under section 151 of CPC during eviction suit and what can be the out come in favour of tenent .

Asked on 6/19/13, 6:21 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP
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Dear Sir / Madam,

Section 151. Saving of inherent powers of Court.

Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.


(i) Inherent powers cannot be exercised so as to nullify provisions of the Code. When Court deals expressly with a particular matter, the provisions should normally be regarded as exhaustive; National Institute of Mental Health and Neuro-Science v. C. Parameshwara, AIR 2005 SC 242.

(ii) Recourse to inherent powers in face of or in conflict with specific provision of statute is not permissible. Inherent power cannot be exercised to nullify effect of any statutory provisions; Abdul Rahim Attar v. Atul Ambalal Barot; AIR 2005 Mumbai 120.

As is clear from the above, no change in status co is permitted as per the Law.


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Answered on 6/19/13, 6:28 am

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