Now Reading: SC ruling: trusts registered outside MP can claim tenancy exemption
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SC ruling: trusts registered outside MP can claim tenancy exemption
The Supreme Court has ruled that public trusts registered outside Madhya Pradesh are entitled to exemption under the M.P. Accommodation Control Act, 1961, provided the state government's 2018 notification applies. This means…
The Story in Brief
The Supreme Court has ruled that public trusts registered outside Madhya Pradesh are entitled to exemption under the M.P. Accommodation Control Act, 1961, provided the state government's 2018 notification applies. This means such trusts can evict tenants without being bound by the Act's tenant protections.
A bench of Justices Aravind Kumar and Prasanna B. Varale set aside a 2017 Madhya Pradesh High Court order that had rejected an eviction suit by the Scindia Devesthan Trust. The High Court had held that the trust, despite owning properties in MP, was registered outside the state and could not claim exemption under a 1989 notification. The Supreme Court noted that a 2018 notification, issued in continuation of the 1989 one, expressly exempts accommodations in MP owned by trusts registered elsewhere in India.
The Indian Opinion
Narratives about the Supreme Court 'siding with landlords' against tenants miss the legal point here. The 2018 MP government notification explicitly extended the exemption to out-of-state trusts, and the Court simply applied that law. The real test will come when the Scindia Devesthan Trust's eviction suit is heard on its merits in the trial court. Was the 2018 notification a policy correction or an unnecessary dilution of tenant rights? The answer lies in the state's intent, not the judiciary's.
Source: livelaw.in
This story was synthesised by AI from the source linked above.
