Admittedly the houses for which eviction has been asked for in these two cases are located within the slum areas as defined under the Slum Act. It was contended on behalf of the tenants that the suits for eviction by the landlords were not competent in view of want of permission from the Competent Authority under the Slum Act.
This argument was countered by the respondent on the ground that by virtue of the Amending Act of 1976 (referred to as the 'Amending Act' for short), new procedure has been substituted for two types of eviction of tenants - one of which was covered by Section 14(1)(e) and the other by Section 14-A. In the instant case we are mainly concerned with eviction applications covered by Section 14(1) (e) and the special procedure provided in Chapter III-A introduced by the Amending Act. It was contended by the respondent that by virtue of the Rent Act a special protection was given to a particular class of landlords who fell within the provisions of Section 14(1)(e) of the Rent Act (personal necessity).
Once it is recognised that the newly added sections are in the nature of a special law intended to apply to special classes of landlords, the inevitable conclusion would be that the application of the Slum Act stands withdrawn to that extent and any suit falling within the scope of the aforesaid sections - 14(1) (e) and 14-A - would not be governed or controlled by Section 19(1)(a) of the Slum Act.
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